38 U.S.C. § 3224 — Death of participant

Page 712 TITLE 38—VETERANS’ BENEFITS § 3223 ticipating in educational assistance program, see sec- tion 903 of Pub. L. 96–342, set out as a note under sec- tion 2141 of Title 10, Armed Forces. MATCHING FUNDS FROM DEPARTMENT OF DEFENSE AFTER JANUARY 1, 1982, IF NEW ENROLLMENTS ARE AUTHORIZED AFTER DECEMBER 31, 1981 For provisions of section 408(b) of Pub. L. 94–502 di- recting that ‘‘Department of Defense’’ be substituted for ‘‘Veterans’ Administration’’ in subsec. (b) of this section, effective Jan. 1, 1982, if new enrollments after Dec. 31, 1981, in the educational assistance program provided by this chapter are authorized after applica- tion of section 408(a) of Pub. L. 94–502, see section 408 of Pub. L. 94–502, set out as a note under section 3221 of this title. § 3223. Refunds of contributions upon disenrollment (a) Contributions made to the program by a participant may be refunded only after the par- ticipant has disenrolled from the program or as provided in section 3224 of this title. (b) If a participant disenrolls from the pro- gram prior to discharge or release from active duty, such participant’s contributions will be re- funded 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 partici- pant’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 pro- gram after discharge or release from active duty, the participant’s contributions shall be re- funded within 60 days of receipt of an applica- tion 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 partici- pant’s entitlement and disenrolls or is disenrolled from the program, the amount con- tributed by the Secretary of Defense under the authority of section 3222(c) of this title remain- ing in the fund shall be refunded to such Sec- retary. (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.) 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 sub- stituted ‘‘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. § 3224. Death of participant In the event of a participant’s death, the amount of such participant’s unused contribu- tions to the fund shall be paid to the living per- son or persons first listed below: (1) The beneficiary or beneficiaries des- ignated by such participant under such par- ticipant’s Servicemembers’ Group Life Insur- ance policy. (2) The surviving spouse of the participant. (3) The surviving child or children of the participant, in equal shares. (4) The surviving parent or parents of the participant, in equal shares. If there is no such person living, such amount shall be paid to such participant’s estate. (Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1624; amended Pub. L. 96–466, title IV, § 402, Oct. 17, 1980, 94 Stat. 2201; renumbered § 3224, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title IV, § 405(c)(2), Oct. 9, 1996, 110 Stat. 3340.) Editorial Notes AMENDMENTS 1996—Par. (1). Pub. L. 104–275 substituted ‘‘Servicemembers’ Group’’ for ‘‘Servicemen’s Group’’. 1991—Pub. L. 102–83 renumbered section 1624 of this title as this section. 1980—Pub. L. 96–466 expanded provisions to require payment of a participant’s unused contributions to the fund to the surviving spouse, the surviving child or children, or to the surviving parent or parents before payment of such amount to the participant’s estate. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–466, title VIII, § 802(d)(2), Oct. 17, 1980, 94 Stat. 2218, provided that: ‘‘The amendments made by sections 402 through 406 [amending this section and sec- tions 1622, 1631, and 1641 [now 3222, 3231, and 3241] of this title] shall become effective on October 1, 1980.’’ 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. § 3225. Discharge or release under conditions which would bar the use of benefits If a participant in the program is discharged or released from active duty under dishonorable conditions, such participant is automatically disenrolled and any contributions made by such participant shall be refunded to such participant