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

Summary

Contributions a participant makes can only be paid back after the participant leaves the program or as allowed under section 3224. If a participant leaves before being discharged from active duty, the refund happens on the discharge date or within 60 days after the Secretary gets notice. Refunds may come sooner for hardship if the Secretary and the Secretary of Defense set rules allowing it. If a participant leaves after discharge, the refund must be made within 60 days after the participant applies. If the participant dies (on active duty or after discharge) or leaves without using any benefit, any money the Secretary of Defense put in under section 3222(c) that is left in the fund 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