Page:United States Statutes at Large Volume 90 Part 2.djvu/928

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 2396

38 USC 1625.

38 USC 1631.

38 USC 1681.

38 USC 1798.

38 USC 1632.

PUBLIC LAW 94-502—OCT. 15, 1976 "(b) If a participant dies after having been discharged or released from active duty and before using any or all of the contributions which the participant made to the fund, such unused contributions shall be paid as prescribed in subsection (a) of this section. "§ 1625. 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 on the date of such participant's discharge or release from active duty or within 60 days from receipt of notice by the Administrator of such discharge or release, whichever is later. "Subchapter III—Entitlement; Duration «§163L Entitlement; loan eligibility "(a)(1) A participant shall be entitled to a maximum of 36 monthly benefit payments (or their equivalent in the event of parttime benefit payments). "(2) The amount of the monthly payment to which any eligible veteran is entitled shall be ascertained by (A) adding all contributions made to the fund by the eligible veteran, (B) multiplying the sum by 3, (C) adding all contributions made to the fund for such veteran by the Secretary, and (D) dividing the sum by the lesser of 36 or the number of months in which contributions were made by such veteran. "(3) Payment of benefits under this chapter may be made only for periods of time during which an eligible veteran is actually enrolled in and pursuing an approved program of education and, except as provided in paragraph (4), only after an eligible veteran has been discharged or released from active duty. "(4) Payment of benefits under this chapter may be made after a participant has completed his or her first obligated period of active duty (which began after December 31, 1976), or 6 years of active duty (which began after December 31, 1976), whichever period is less. "(b) Any enlisted member of the Armed Forces participating in the program shall be eligible to participate in the Predischarge Education Program ( P R E P), authorized by subchapter VI of chapter 34 of this title, during the last 6 months of such member's first enlistment. "(c) When an eligible veteran is pursuing either a program of education under this chapter by correspondence or a program of flight training, such eligible veteran's entitlement shall be charged at the rate of 1 month's entitlement for each month of benefits paid to the eligible veteran (computed on the basis of the formula provided in subsection (a)(2) of this section). "(d) Eligible veterans participating in the program shall be eligible for education loans authorized by subchapter III of chapter 36 of this title in such amounts and on the same terms and conditions as provided in such subchapter, except that the term 'eligible veteran' as used in such subchapter shall be deemed to include 'eligible veteran' as defined in this chapter. «§ 1632. Duration; limitations "No educational assistance benefits shall be afforded an eligible veteran under this chapter beyond the date of 10 years after such veteran's last discharge or release from active duty. In the event an