
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC3223]

 
                      TITLE 38--VETERANS' BENEFITS
 
               PART III--READJUSTMENT AND RELATED BENEFITS
 
      CHAPTER 32--POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
 
      SUBCHAPTER II--ELIGIBILITY; CONTRIBUTIONS; AND MATCHING FUND
 
Sec. 3223. Refunds of contributions upon disenrollment

    (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.

(Added Pub. L. 94-502, title IV, Sec. 404, Oct. 15, 1976, 90 Stat. 2395, 
Sec. 1623; amended Pub. L. 98-160, title VII, Sec. 702(7), Nov. 21, 
1983, 97 Stat. 1009; Pub. L. 101-237, title IV, Sec. 423(b)(1)(A), 
(4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered Sec. 3223 
and amended Pub. L. 102-83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 
406.)


                               Amendments

    1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1623 of this 
title as this section.
    Subsec. (a). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3224'' for 
``1624''.
    Subsec. (d). Pub. L. 102-83, Sec. 5(c)(1), substituted ``3222(c)'' 
for ``1622(c)''.
    1989--Subsec. (b). Pub. L. 101-237, Sec. 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, Sec. 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)''.

                  Section Referred to in Other Sections

    This section is referred to in sections 3018A, 3018B, 3018C, 3221 of 
this title.
