TN 5 (12-92)

RS 02201.030 Suspension of the Statute of Limitations Due to Military Service

A. POLICY

The running of the statute is suspended during the military service of a service member or his/her heirs under the Soldier and Sailors Civil Relief Act of 1940 (SSCRA).

1. Beginning Period of Military Service

The period of military service begins with the later of:

  1. October 17, 1940 if the person was in active service then, or

  2. The date he/she entered active service.

2. Ending Date of Military Service

The period of military service ends with earliest of:

  1. Date of discharge from active service; or

  2. Date of serviceman's/servicewoman's death, or

  3. Date SSCRA ceases to be in force.

3. Who Qualifies for Suspension

The statute is suspended:

  1. During the NH's military service, and

  2. During the military service of an heir of the NH. Heirs include:

    • Spouse

    • Child

    • Parent

If an NH's spouse was in the military at the time of the NH's death, the time limitation is extended by the time between the NH's death and the date of the spouse's discharge.

NOTE: If the statute of limitations has been suspended because of military service, the E/R is open equally to favorable or adverse revisions.

B. REFERENCE

SSCRA and required proofs, RS 00210.025.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0302201030
RS 02201.030 - Suspension of the Statute of Limitations Due to Military Service - 02/02/1999
Batch run: 01/27/2009
Rev:02/02/1999