38 U.S.C. § 3033 — Bar to duplication of educational assistance benefits
submitted 42 years ago by Pub. L. 98-525 to r/title-38-VETERANS-BENEFITS · 215 words · no verdicts yet
This section prevents a person from receiving overlapping educational assistance under the listed programs. It also prevents the same service from being credited to more than one specified benefit program.
(a)(1) A person entitled to educational assistance under this chapter who is also eligible under chapter 31, 32, 33, or 35 of this title, chapter 106 or 107 of title 10, or the Hostage Relief Act of 1980 may not receive assistance under two or more of those programs at the same time. The person must choose, in the form and manner the Secretary* sets, which program will provide the assistance. (2) A person entitled under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990.
(b) A period of service used to repay an education loan under chapter 109 of title 10 may not also be used to establish entitlement to assistance under this chapter.
(c) A person in the Selected Reserve* may not receive credit for the same service under more than one program established by this chapter, chapter 33 of this title, or chapter 1606 or 1607 of title 10. The person must choose, in the form and manner the Secretary sets, the program to which the service will be credited.
An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs concurrently but shall elect (in such form and manner as the Secretary* may prescribe) under which program to receive educational assistance.
An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990.
A period of service counted for purposes of repayment under chapter 109 of title 10 of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter.
An individual who serves in the Selected Reserve* may not receive credit for such service under two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10 but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.
Source credit: (Added Pub. L. 98–525, title VII, § 702(a)(1), Oct. 19, 1984, 98 Stat. 2561, § 1433; amended Pub. L. 99–576, title III, § 306, Oct. 28, 1986, 100 Stat. 3269; Pub. L. 101–237, title IV, § 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2092; Pub. L. 102–16, § 10(a)(4), Mar. 22, 1991, 105 Stat. 55; renumbered § 3033, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 110–252, title V, § 5003(b)(1)(A), June 30, 2008, 122 Stat. 2375.)
- 1984Enacted · Pub. L. 98-525 · 98 Stat. 2561
- 1986Amended · Pub. L. 99-576 · 100 Stat. 3269
- 1989Amended · Pub. L. 101-237 · 103 Stat. 2092
- 1991Amended · Pub. L. 102-16 · 105 Stat. 55
- 1991Amended · Pub. L. 102-83 · 105 Stat. 406
- 2008Amended · Pub. L. 110-252 · 122 Stat. 2375
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-525 on 1984-10-19.
all 0 arguments · sorted by: best
no arguments yet — make the first case