§3223 — Title 38 Veterans' Benefits | U.S. Code

Summary

Participants can get back the money they put into the program only after they leave the program or as allowed under section 3224. If a participant leaves the program before they are discharged from active duty, their contributions will be refunded on their discharge date or within 60 days after the Secretary is notified of the discharge or leaving. Refunds can be made sooner for hardship or other good reasons if the Secretary and the Secretary of Defense make rules allowing that. If a participant leaves after discharge, the refund will be paid within 60 days after the participant applies. If a participant dies while on active duty, dies after discharge, or leaves without using any earned entitlement, the participant’s contributions may be refunded. If the participant used part of the entitlement and then leaves, any amount the Secretary of Defense put into the fund under section 3222(c) that remains must be returned to the Secretary of Defense.

Title 38, §3223

Veterans' Benefits — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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.

(d)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83, § 5(a), renumbered section 1623 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3224” for “1624”. Subsec. (d). Pub. L. 102–83, § 5(c)(1), substituted “3222(c)” for “1622(c)”. 1989—Subsec. (b). Pub. L. 101–237, § 423(b)(1)(A), (4)(A), substituted “Secretary” for “Administrator” wherever appearing and inserted “of Defense” after “Secretary” at end. Subsec. (d). Pub. L. 101–237, § 423(b)(7), inserted “of Defense” after first reference to “Secretary” and substituted “such” for “the” before second reference to “Secretary”. 1983—Subsec. (a). Pub. L. 98–160 inserted “of this title” after “section 1624”. Subsec. (d). Pub. L. 98–160 inserted “of this title” after “section 1622(c)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title.

§3223 Refunds of contributions upon disenrollment