Page:United States Statutes at Large Volume 90 Part 2.djvu/926

 90 STAT. 2394 38 USC 1602.

38 USC 1652.

38 USC 1621.

PUBLIC LAW 94-502—OCT. 15, 1976 «§ 1602. Definitions "For the purposes of this chapter— " (1)(A) The term 'eligible veteran' means any veteran who (i) initially entered military service on or after January 1, 1977, served on active duty for a period of more than 180 days commencing on or after such date, and was discharged or released therefrom under conditions other than dishonorable, or (ii) initially entered military service on or after January 1, 1977, and was discharged or released from active duty after such date for a service-connected disability. "(B) The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who 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. "(C) For the purposes of subparagraphs (A) and (B), the term 'active duty' does not include any period during which an individual (i) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (ii) served as a cadet or midshipman at one of the service academies, or (iii) served under the provisions of section 511(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. "(2) The terms 'program of education' and 'educational institution' shall have the same meaning ascribed to them in sections 1652(b) and 1652 (c), respectively, of this title. "(3) The term 'participant' is a person who is participating in the educational benefits program established under this chapter. ^'Subchapter II—Eligibility; Contributions; and Matching Fund «§ 1621. Eligibility "(a) Each person entering military service on or after January 1, 1977, shall have the right to enroll in the educational benefits program provided by this chapter (hereinafter in this chapter referred to as the 'program' except where the text indicates otherwise) at any time during such person's service on active duty. When a person elects to enroll in the program, such person must participate for at least 12 consecutive months before disenrolling or suspending participation. "(b) The requirement for 12 consecutive months of participation required by subsection (a) of this section shall not apply when (1) the participant suspends participation or disenroUs from the program because of personal hardship as defined in regulations issued jointly by the Administrator and the Secretary of Defense (hereinafter in this chapter referred to as the 'Secretary'), or (2) the participant is discharged or released from active duty. "(c) A participant shall be permitted to suspend participation or disenroll from the program at the end of any 12-consecutivemonth period of participation. If participation is suspended, the participant shall be eligible to make additional contributions to the program under such terms and conditions as shall be prescribed by regulations issued jointly by the Administrator and the Secretary. "(d) If a participant disenroUs from the program, such participant forfeits any entitlement to benefits under the program except as provided in subsection (e) of this section. A participant who disenroUs from the program is eligible for a refund of such participant's contributions as provided in section 1623 of this title.

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