38 U.S.C. § 3223 — Refunds of contributions upon disenrollment
submitted 50 years ago by Pub. L. 94-502 to r/title-38-VETERANS-BENEFITS · 236 words · no verdicts yet
This section controls when a participant’s program contributions may be refunded after disenrollment. The timing depends on whether the participant leaves before or after active duty, with limited earlier refunds for hardship, and special treatment for death or unused entitlements.
(a) A participant’s contributions may be refunded only after the participant disenrolls or as section 3224 provides.
(b) If the participant disenrolls before discharge or release* from active duty*, the contributions must be refunded on the discharge or release date or within 60 days after the Secretary* receives notice of the discharge or disenrollment, whichever is later. They may be refunded earlier for hardship or another good reason under joint regulations of the Secretary and the Secretary of Defense.
(c) If the participant disenrolls after discharge or release, the contributions must be refunded within 60 days after the Secretary receives the participant’s refund application.
(d) If the participant dies while on active duty, dies after discharge or release, or disenrolls or is disenrolled without using any entitlement that may have accrued, the participant may have the amount contributed by the Secretary of Defense under section 3222(c) that remains in the fund refunded to that Secretary. The same applies if the participant uses part of the entitlement and then disenrolls or is disenrolled.
Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in section 3224 of this title.
If a participant disenrolls from the program prior to discharge or release* from active duty*, such participant’s contributions will be refunded on the date of the participant’s discharge or release from active duty or within 60 days of receipt of notice by the Secretary* of the participant’s discharge or disenrollment, except that refunds may be made earlier in instances of hardship or other good reason as prescribed in regulations issued jointly by the Secretary and the Secretary of Defense.
If a participant disenrolls from the program after discharge or release from active duty, the participant’s contributions shall be refunded within 60 days of receipt of an application for a refund from the participant.
In the event the participant (1) dies while on active duty, (2) dies after discharge or release from active duty, or (3) disenrolls or is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in the event the participant utilizes part of such participant’s entitlement and disenrolls or is disenrolled from the program, the amount contributed by the Secretary of Defense under the authority of section 3222(c) of this title remaining in the fund shall be refunded to such Secretary.
Source credit: (Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1623; amended Pub. L. 98–160, title VII, § 702(7), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, § 423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered § 3223 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
- 1976Enacted · Pub. L. 94-502 · 90 Stat. 2395
- 1983Amended · Pub. L. 98-160 · 97 Stat. 1009
- 1989Amended · Pub. L. 101-237 · 103 Stat. 2092, 2093
- 1991Amended · Pub. L. 102-83 · 105 Stat. 406
A history note hasn’t been published yet. The record shows enactment by Pub. L. 94-502 on 1976-10-15.
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