Page:United States Statutes at Large Volume 91.djvu/1484

 91 STAT. 1450

Benefits, payment limitation.

PUBLIC LAW 95-202—NOV. 23, 1977 and conditions where the nature and duration of the service of such member so warrants. Discharges issued pursuant to the provisions of the first sentence of this paragraph shall designate as the date of discharge that date, as determined by the Secretary of Defense, on which such service by the person concerned was terminated. (2) In making a determination under clause (A) of paragraph (1) of this subsection with respect to any group described in such paragraph, the Secretary of Defense may take into consideration the extent to which— (A) such group received military training and acquired a military capability or the service performed by such group was critical to the success of a military mission, (B) the members of such group were subject to military justice, discipline, and control; (C) the members of such group were permitted to resign, (D) the members of such group were susceptible to assignment for duty in a combat zone, and (E) the members of such group had reasonable expectations that their service would be considered to be active military service. (b)(1) No benefits shall be paid to any person for any period prior to the date of enactment of this title as a result of the enactment of subsection (a) of this section. (2) The provisions of section 106(a)(2) of title 38, United States Code, relating to election of benefits, shall be applicable to persons made eligible for benefits, under laws administered by the Veterans' Administration, as a result of implementation of the provisions of subsection (a) of this section. TITLE V—EFFECTIVE DATES

38 USC 101 note.

SEC. 501. The provisions of this Act shall become effective on the first day of the first month beginning 60 days after the date of enactment of this Act, except that the provisions of title I and section 304(a)(1) (A) shall be effective retroactively to October 1, 1977, the provisions of sections 201 and 202 shall become effective on January 1, 1978, the provisions of section 203 shall be effective retroactively to May 31, 1976, and the provisions of sections 301, 302(2), 304(a)(1)(B), 304 (a)(2), 305(a)(3), 305(b)(2), 305(b)(3) 305(b)(4), 305(c), 306, 307, 308,309, and 310 and of title IV shall be effective upon enactment. Approved November 23, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-586 (Comm. on Veterans' Affairs). SENATE REPORTS: No. 95-468 and No. 95-468, pt. II accompanying S. 457 (both from Comm. on Veterans' Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): Sept. 12, considered and passed House. Oct. 19, considered and passed Senate, amended, in lieu of S. 457. Nov. 3, House agreed to Senate amendment with an amendment. Nov. 4, Senate concurred in House amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 13, No. 48: Nov. 23, Presidential statement.

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