Soldiers' and Sailors' Civil Relief Act Amendments of 1991

Summary

Soldiers' and Sailors' Civil Relief Act Amendments of 1991 - Amends the Soldiers' and Sailors' Civil Relief Act of 1940 (the Act) to prohibit an eviction or distress from being made during a period of military service with respect to a premise for which the agreed rent does not exceed $1,200 (currently, $150) per month, when such premises is occupied chiefly by the dependents of the person in military service, except upon leave of the court granted upon application or in a proceeding affecting the rights of possession. Extends the power of attorney coverage under the Act to include a power of attorney that by its terms expires after July 31, 1990. Provides professional liability protection for persons ordered to active duty after July 31, 1990, who, prior to such date, were engaged in the furnishing of health care services or other services determined by the Secretary of Defense to be professional services and who had in effect a professional liability insurance policy that does not continue coverage during the period of active duty. Requires an insurance carrier to suspend and to reinstate coverage of such affected person upon receipt of a written request from such person. Requires such person to request reinstatement within 30 days after release from active duty. Provides a minimum period of required coverage by the carrier following reinstatement, without an increase in the insurance premiums charged. Provides for the stay of a civil or administrative action for damages on the basis of professional liability of a person whose insurance has been suspended under these provisions if: (1) the action is based on an act or omission that occurred before the suspension was effective; and (2) the suspended insurance would, on its face, cover the alleged professional misconduct. States that the period of such stay shall not be included in any statute-of-limitations period. Outlines provisions concerning the death of a person whose professional liability insurance has been suspended and the consequences with respect to the suspended insurance coverage on previous or suspended (stayed) claims. Provides that, in the case of employer-offered health insurance, an exclusion or waiting period may not be imposed in connection with coverage of a health or physical condition of a person employed and covered under such policy who goes to active military service or training and returns and is reemployed if: (1) the condition arose before or during a person's training or services in the armed forces; (2) such exclusion or waiting period would not be imposed for the condition during a normal period of coverage; and (3) the condition of such person has not been determined by the Secretary to be service-connected. Provides that any person who, by reason of being ordered to active duty after July 31, 1990, is entitled to the rights and benefits of such Act shall be entitled upon release from such service to reinstatement of any health insurance coverage which: (1) was in effect on the day before such service commenced; and (2) was terminated during the period of such service. Prohibits the imposition of an exclusion or waiting period upon such person under the same conditions previously stated for health insurance reinstatement upon reemployment. Requires a court, upon application, to stay a judicial action or proceeding involving any member of the armed forces serving on active duty outside the State in which the court is located until after June 30, 1991. Provides that an application by a person in military service for a stay, postponement, or suspension of the payment of any tax, fine, penalty, insurance premium, or other civil obligation shall not provide the basis for denial or revocation of, or a change in, credit by creditors, a presumption that such individual cannot pay his or her debts due and owing, or refusal of an insurer to insure such individual. Provides reemployment rights for all reservists (currently, only those serving on active duty for not more than 90 days) upon their return from any active duty other than for training.

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Documents

10 official files

• Referred in Senate (text)

  Referred in Senate · EN

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• Placed on Calendar Senate (text)

  Placed on Calendar Senate · EN

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• Introduced in House (text)

  Introduced in House · EN

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• Enrolled Bill (text)

  Enrolled Bill · EN

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• Engrossed in House (text)

  Engrossed in House · EN

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• Engrossed Amendment Senate (text)

  Engrossed Amendment Senate · EN

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• Public Law (PDF)

  Public Law · EN · 19 March 1991

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• Passed Senate amended

  summary · EN · 21 February 1991

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• Passed House amended

  summary · EN · 29 January 1991

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• Introduced in House

  summary · EN · 17 January 1991

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