2016 US Code
Title 38 - Veterans' Benefits
Part III - Readjustment and Related Benefits
Chapter 33 - Post-9/11 Educational Assistance
Subchapter III - Administrative Provisions
Sec. 3321 - Time limitation for use of and eligibility for entitlement
| 38 U.S.C. § 3321 (2016) |
| §3321. Time limitation for use of and eligibility for entitlement |
|
(a) In General.—Except as provided in this section, the period during which an individual entitled to educational assistance under this chapter may use such individual's entitlement expires at the end of the 15-year period beginning on the date of such individual's last discharge or release from active duty. (b) Exceptions.— (1) Applicability of section 3031 to running of period.—Subsections (b), (c), and (d) of section 3031 shall apply with respect to the running of the 15-year period described in subsection (a) of this section in the same manner as such subsections apply under section 3031 with respect to the running of the 10-year period described in section 3031(a). (2) Applicability of section 3031 to termination.—Section 3031(f) shall apply with respect to the termination of an individual's entitlement to educational assistance under this chapter in the same manner as such section applies to the termination of an individual's entitlement to educational assistance under chapter 30, except that, in the administration of such section for purposes of this chapter, the reference to section 3013 shall be deemed to be a reference to section 3312 of this title. (3) Determination of last discharge or release.—For purposes of subsection (a), an individual's last discharge or release from active duty shall not include any discharge or release from a period of active duty of less than 90 days of continuous service, unless the individual is discharged or released as described in section 3311(b)(2). (4) Applicability to children of deceased members.—The period during which a child entitled to educational assistance by reason of section 3311(b)(9) may use such child's entitlement expires at the end of the 15-year period beginning on the date of such child's eighteenth birthday. |
|
(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2373; amended Pub. L. 111–32, title X, §1002(c), June 24, 2009, 123 Stat. 1889; Pub. L. 111–275, title X, §1001(g)(8), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 113–146, title VII, §701(c), Aug. 7, 2014, 128 Stat. 1796.) |
|
AMENDMENTS
2014—Subsec. (b)(4). Pub. L. 113–146 substituted "a child" for "an individual" and, in two places, "such child's" for "such individual's". 2010—Subsec. (b)(2). Pub. L. 111–275 substituted "section 3312 of this title" for "3312". 2009—Subsec. (b)(4). Pub. L. 111–32 added par. (4). EFFECTIVE DATE OF 2014 AMENDMENTAmendment by Pub. L. 113–146 applicable with respect to a quarter, semester, or term, as applicable, commencing on or after Jan. 1, 2015, with provision for deaths occurring between Sept. 11, 2001, and Dec. 31, 2005, see section 701(d) of Pub. L. 113–146, set out as a note under section 3311 of this title. EFFECTIVE DATE OF 2009 AMENDMENTAmendment by Pub. L. 111–32 effective Aug. 1, 2009, see section 1002(d)(1) of Pub. L. 111–32, set out as a note under section 3311 of this title. |
| United States Code, 2012 Edition, Supplement 4, Title 38 - VETERANS' BENEFITS |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 38 - VETERANS' BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 33 - POST-9/11 EDUCATIONAL ASSISTANCE SUBCHAPTER III - ADMINISTRATIVE PROVISIONS Sec. 3321 - Time limitation for use of and eligibility for entitlement |
| section 3321 |
| 2016 |
| January 6, 2017 |
| Yes |
| standard |
| 122 Stat. 2373 123 Stat. 1889 124 Stat. 2896 128 Stat. 1796 |
| Public Law 110-252, Public Law 111-32, Public Law 111-275, Public Law 113-146 |
