Page:United States Statutes at Large Volume 102 Part 5.djvu/156

 102 STAT. 4162

PUBLIC LAW 100-689—NOV. 18, 1988

"(iii) The surviving child or children of the individual, in equal shares. "(iv) The surviving parent or parents of the individual, in equal shares. "(B) If no such person survives such individual, no payment shall be made under this section. "(b) The amount of any payment made under this section shall be equal to— "(1) the amount reduced from the individual's pay under section 1411(b), 1412(c), or 1418(c) of this title, less "(2) the total of— "(A) the amount of educational assistance that has been paid to the individual under this chapter before the payment is made under this section; and "(B) the amount of accrued benefits paid or payable with respect to such individual in connection with this chapter. "(c) A payment under this section shall be considered to be a benefit under this title and, for purposes of section 1435(b)(l), it shall be considered to be an entitlement earned under this subchapter.". (b) CLERICAL AMENDMENT.—The table of sections for subchapter II of chapter 30 is amended by adding at the end the following new item: 38 USC 1417 note.

"1417. Death benefit". (c) EFFECTIVE DATE.—The amendments made by this section shall

take effect as of July 1, 1985. SEC. 102. MONTGOMERY GI BILL ELIGIBILITY FOR INDIVIDUALS DISCHARGED FOR PRESERVICE MEDICAL CONDITIONS OR DUE TO REDUCTIONS IN FORCE.

Uniformed services.

Uniformed services.

(a) IN GENERAL.—Section 1411(a)(l) is amended— (1) in clauses (A)(iiXD and (B)(iiXD, by inserting after "disability" the following: ", for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected,"; (2) in clauses (A)(ii) and (B)(ii), by striking out ", or (II)" and inserting in lieu thereof "; (II)"; and (3) by inserting before "; or" at the end of clause (A)(ii) and before the semicolon at the end of clause (B)(ii) the following: "; or (III) involuntarily for the convenience of the CSrOvernment as a result of a reduction in force, as determined by the Secretary of the military department concerned in accordance with regulations prescribed by the Secretary of Defense or by the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy". (b) CONFORMING AND TECHNICAL AMENDMENTS.—(I)(A) Section 1412(b)(l) is amended to read as follows: "(b)(l)(A) The requirement of two years of service under clauses (l)(A)(i) and (IXBXi) of subsection (a) of this section is not applicable to an individual who is discharged or released, during such two years, from active duty in the Armed Forces (i) for a serviceconnected disability, (ii) for a medical condition which preexisted such service on active duty and which the Administrator determines is not service connected, (iii) for hardship, (iv) in the case of an individual discharged or released after 20 months of such service, for the convenience of the Government, or (v) involuntarily for the convenience of the Government as a result of a reduction in force, as

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