38 U.S.C. § 7655 — Breach of agreement; liability

submitted 36 years ago by Pub. L. 101-366 to r/title-38-VETERANS-BENEFITS · 219 words · no verdicts yet

in plain englishAI-generated · not legal advice

Someone who gets a Selected Reserve stipend but fails to complete their required service owes the government money. Active duty service that prevents completing the service lets them finish afterward instead. The VA may waive repayment, otherwise it's due within one year of the breach.

(a)(1) Subject to (2), a person who is receiving or has received a reserve member stipend under this subchapter, and who doesn't complete the service required under section 7654, owes the United States money — calculated under section 7617(c)(1). (2) If a person can't complete that required service because they're on active duty (including active duty for training), they get to finish the service after their active duty ends instead. The Secretary may also waive the service requirement entirely, by regulation, if the Secretary decides the person can't perform it for reasons beyond their control, or if waiving it is in the best interest of both the person and the United States. (b) Any amount owed to the United States under (a) must be paid within the one-year period that starts on the date the agreement was breached.

the actual law source: uscode.house.gov ↗public domain

(a)

(1)

Subject to paragraph (2), an individual who is receiving or has received a reserve member stipend under this subchapter and who fails to perform the service for which the individual is obligated under section 7654 of this title shall be liable to the United States in an amount determined in accordance with section 7617(c)(1) of this title.

(2)

An individual who, as a result of performing active duty (including active duty for training), is unable to perform the service for which the individual is obligated under section 7654 of this title shall be permitted to perform that service upon completion of the active duty service (or active duty for training). The Secretary may, by regulation, waive the requirement for the performance of the service for which the individual is obligated under section 7654 of this title in any case in which the Secretary determines that the individual is unable to perform the service for reasons beyond the control of the individual or in any case in which the waiver would be in the best interest of the individual and the United States.

(b)

Any amount owed the United States under subsection (a) of this section shall be paid to the United States during the one-year period beginning on the date of the breach of the agreement.

Source credit: (Added Pub. L. 101–366, title II, § 205(a)(1), Aug. 15, 1990, 104 Stat. 440, § 4355; renumbered § 7655 and amended Pub. L. 102–40, title IV, § 402(b)(1), (d)(1), May 7, 1991, 105 Stat. 238, 239.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-366 · 104 Stat. 440
1991Amended · Pub. L. 102-40 · 105 Stat. 238, 239

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-366 on 1990-08-15.

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