5 U.S.C. § 8525 — Effect on other statutes
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 152 words · no verdicts yet
Some benefit exclusions don't apply to certain honorably-discharged people who weren't already getting military retired pay. No one can get this compensation for a period they're also getting certain VA education or subsistence benefits.
(a) The exclusion in (b)(2) does not apply to someone who (1) otherwise qualifies for compensation under this subchapter, (2) is described in section 3311(b) of title 38, (3) is not getting military retired pay under title 10, and (4) was discharged or released from the armed forces or NOAA's Commissioned Corps — including through a reduction in force — under honorable conditions, without voluntarily leaving that service.
(b) A person cannot get compensation under this subchapter for any period they're also getting (1) a subsistence allowance under chapter 31 of title 38, or under part VIII of Veterans Regulation Numbered 1(a); (2) — except for someone described in (a) — an education assistance allowance under chapter 33 of title 38; or (3) an education assistance allowance under chapter 35 of title 38.
Subsection (b)(2) does not apply to an individual who—
is otherwise entitled to compensation under this subchapter;
is described in section 3311(b) of title 38;
is not receiving retired pay under title 10; and
was discharged or released from service in the Armed Forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration (including through a reduction in force) under honorable conditions, but did not voluntarily separate from such service.
An individual is not entitled to compensation under this subchapter for any period with respect to which the individual receives—
a subsistence allowance under chapter 31 of title 38 or under part VIII of Veterans Regulation Numbered 1(a);
except in the case of an individual described in subsection (a), an educational assistance allowance under chapter 33 of title 38; or
an educational assistance allowance under chapter 35 of title 38.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 591; Pub. L. 90–83, § 1(90), Sept. 11, 1967, 81 Stat. 219; Pub. L. 114–92, div. A, title V, § 560, Nov. 25, 2015, 129 Stat. 828.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 591
- 1967Amended · Pub. L. 90-83 · 81 Stat. 219
- 2015Amended · Pub. L. 114-92 · 129 Stat. 828
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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