§3033 — Title 38 Veterans' Benefits | U.S. Code

Summary

You cannot get education benefits from more than one of the covered VA programs, DoD education programs, or the Hostage Relief Act at the same time. If you are eligible for more than one, you must choose which program to use and tell the Secretary in the way they require. If you are eligible under chapter 34, you may not get benefits under this chapter before January 1, 1990. Time used to repay a loan under the military loan repayment rules (chapter 109) cannot also be counted to get benefits under this chapter. If you serve in the Selected Reserve, you cannot count the same reserve service under more than one of the listed VA or military education programs; you must pick which program gets credit, following the Secretary’s instructions.

Title 38, §3033

Veterans' Benefits — Source: USLM XML via OLRC

(a)(1)An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive educational assistance.

(2)An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before January 1, 1990.

(b)A period of service counted for purposes of repayment under chapter 109 of title 10 of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter.

(c)An individual who serves in the Selected Reserve may not receive credit for such service under two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10 but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Hostage Relief Act of 1980, referred to in subsec. (a)(1), is Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees.

Amendments

2008—Subsec. (a)(1). Pub. L. 110–252, § 5003(b)(1)(A)(i), inserted “33,” after “32,”. Subsec. (c). Pub. L. 110–252, § 5003(b)(1)(A)(ii), substituted “two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10” for “both the program established by this chapter and the program established by chapter 106 of title 10”. 1991—Pub. L. 102–83 renumbered section 1433 of this title as this section. Subsec. (b). Pub. L. 102–16 substituted “chapter 109 of title 10” for “section 902 of the Department of Defense Authorization Act, 1981 (10 U.S.C. 2141 note),”. 1989—Subsecs. (a)(1), (c). Pub. L. 101–237 substituted “Secretary” for “Administrator”. 1986—Subsec. (a)(1). Pub. L. 99–576, § 306(a), substituted “chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more of such programs” for “chapter 31, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive assistance under both programs”. Subsec. (c). Pub. L. 99–576, § 306(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “An individual who is entitled to educational assistance under chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under section 1412 of this title.”

Statutory Notes and Related Subsidiaries

Effective Date

of 2008 AmendmentAmendment by Pub. L. 110–252 effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as a note under section 16163 of Title 10, Armed Forces.

§3033 Bar to Duplication of Educational Assistance Benefits