38-U.S.C.-3223
§3223 – Refunds of Contributions Upon Disenrollment
Pathway
Title 38 > Part III > Chapter 32 > Subchapter II > Section 3223
Details
- Reference: Section 3223
- Legend: §3223 – Refunds of Contributions Upon Disenrollment
- USCode Year: 2013
Provision Content
(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 participants contributions will be refunded on the date of the participants discharge or release from active duty or within 60 days of receipt of notice by the Secretary of the participants 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 participants 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 participants 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, §404, Oct. 15, 1976, 90 Stat. 2395, §1623; amended Pub. L. 98–160, title VII, §702(7), Nov. 21, 1983, 97 Stat. 1009; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered §3223 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
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).
U.S. Encyclopedia of Law Coverage
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