38 U.S.C. § 3018B: Opportunity for certain…

Summary

Allows certain people who left active duty with an honorable discharge and who took voluntary separation pay to choose basic education benefits, if money is available. To qualify they must have a high school diploma (or GED) or at least 12 college credit hours. They must follow rules to withdraw any earlier election for other education benefits before they separate. People already in the chapter 32 program can make a one-time, final choice before separation to take these basic education benefits instead. For people who left before October 23, 1992, similar rules apply, but they must make the election by October 23, 1993. Picking these benefits has a cost and some effects. For current electors, $1,200 will be taken from basic pay or the voluntary separation pay. For those who left before October 23, 1992, the government will collect $1,200 and send it to the Treasury. Any withdrawal of an earlier election is final. If you leave chapter 32 to switch, you will be removed from that program and refunded your unused contributions, and the Department of Defense will get back its unused contributions (with one exception that stays to pay certain benefits).

Title 38, §3018B

Veterans' Benefits, Source: USLM XML via OLRC

(a)Notwithstanding any other provision of law—

(1)the Secretary of Defense shall, subject to the availability of appropriations, allow an individual who—

(A)is separated from the active military, naval, air, or space service with an honorable discharge and receives voluntary separation incentives under section 1174a or 1175 of title 10;

(B)before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfully completed (or otherwise received academic credit for) the equivalent of 12 semester hours in a program of education leading to a standard college degree;

(C)in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before such separation pursuant to procedures which the Secretary of each military department shall provide in accordance with regulations prescribed by the Secretary of Defense for the purpose of carrying out this section or which the Secretary of Homeland Security shall provide for such purpose with respect to the Coast Guard when it is not operating as service in the Navy;

(D)in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before such separation to receive benefits under this section in lieu of benefits under such chapter 32; and

(E)before such separation elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph; or

(2)the Secretary, in consultation with the Secretary of Defense, shall, subject to the availability of appropriations, allow an individual who—

(A)separated before October 23, 1992, from the active military, naval, air, or space service with an honorable discharge and received or is receiving voluntary separation incentives under section 1174a or 1175 of title 10;

(C)in the case of any individual who has made an election under section 3011(c)(1) or 3012(d)(1) of this title, withdraws such election before making an election under this paragraph pursuant to procedures which the Secretary shall provide, in consultation with the Secretary of Defense and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as service in the Navy, which shall be similar to the regulations prescribed under paragraph (1)(C) of this subsection;

(D)in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before making an election under this paragraph to receive benefits under this section in lieu of benefits under such chapter 32; and

(E)before October 23, 1993, elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph,

to elect to become entitled to basic education assistance under this chapter.

(b)(1)The basic pay or voluntary separation incentives of an individual who makes an election under subsection (a)(1) to become entitled to basic education assistance under this chapter shall be reduced by $1,200.

(2)The Secretary shall collect $1,200 from an individual who makes an election under subsection (a)(2) to become entitled to basic education assistance under this chapter, which shall be paid into the Treasury of the United States as miscellaneous receipts.

(c)A withdrawal referred to in subsection (a)(1)(C) or (a)(2)(C) of this section is irrevocable.

(d)(1)Except as provided in paragraph (3) of this subsection, an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(1)(D) or (a)(2)(D) of this section shall be disenrolled from such chapter 32 program as of the date of such election.

(2)For each individual who is disenrolled from such program, the Secretary shall refund—

(A)as provided in section 3223(b) of this title, to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title; and

(B)to the Secretary of Defense the unused contributions (other than contributions made under section 3222(c) of this title) made by such Secretary to the Account on behalf of such individual.

(3)Any contribution made by the Secretary of Defense to the Post-Vietnam Era Veterans Education Account pursuant to subsection (c) of section 3222 of this title on behalf of any individual referred to in paragraph (1) of this subsection shall remain in such account to make payments of benefits to such individual under section 3015(f) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Subsec. (a)(1)(A), (2)(A). Pub. L. 116–283 substituted “air, or space service” for “or air service”. 2002—Subsec. (a)(1)(C), (2)(C). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”. 1998—Subsec. (a)(1)(B), (2)(B). Pub. L. 105–368, § 203(a), substituted “successfully completed (or otherwise received academic credit for)” for “successfully completed”. Subsec. (a)(2)(E). Pub. L. 105–368, § 1005(b)(6), which directed the substitution of “before

October 23, 1993,” for “before the one-year period beginning on the date of the enactment of this section,”, was executed by making the substitution for text which did not include the word “the” before the word “enactment”, to reflect the probable intent of Congress. 1994—Subsec. (a)(2)(A). Pub. L. 103–446, § 1201(f)(3), substituted “

October 23, 1992,” for “the date of enactment of this section”. Subsec. (d)(1). Pub. L. 103–446, § 1201(e)(11)(A), substituted “(a)(2)(D) of this section” for “(a)(2)(D) of this subsection”. Subsec. (d)(3). Pub. L. 103–446, § 1201(d)(5), (e)(11)(B), substituted “such account” for “such Account” and “section 3015(f) of this title” for “section 3015(e) of this chapter”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date

of 1998 AmendmentAmendment by section 203(a) of Pub. L. 105–368 effective Oct. 1, 1998, see section 203(b) of Pub. L. 105–368, set out as a note under section 3011 of this title.

§3018B Opportunity for Certain Persons to Enroll

Summary

Title 38, §3018B

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata