10 U.S.C. § 16165 | Termination of assistance

(a)

In General .—

Except as provided in subsection (b), educational assistance may not be provided under this chapter, or if being provided under this chapter, shall be terminated—

(1)

section 2107 of this title if the member is receiving financial assistance under as a member of the Senior Reserve Officers’ Training Corps program; or

(2)

section 16164(a)(1) of this title section 16164(a)(2) of this title when the member separates from the Ready Reserve as provided in , or upon completion of the period provided for in , as applicable.

(b)

Exception .—

Under regulations prescribed by the Secretary of Defense, educational assistance may be provided under this chapter to a member of the Selected Reserve of the Ready Reserve who incurs a break in service in the Selected Reserve if the member continues to serve in the Ready Reserve during and after such break in service.

Pub. L. 108–375, div. A, title V, § 527(a)Oct. 28, 2004118 Stat. 1893 Pub. L. 109–163, div. A, title V, § 540(b)Jan. 6, 2006119 Stat. 3251 Pub. L. 110–181, div. A, title V, § 530(a)(2)Jan. 28, 2008122 Stat. 110(Added , , ; amended , , ; , (b), , .)

Editorial Notes

Amendments

Pub. L. 110–181, § 530(a)(2)2008—Subsec. (a)(2). , amended par. (2) generally. Prior to amendment, par. (2) read as follows: “when the member separates from the Ready Reserve, as provided for under section 16164(a)(1) or section 16164(a)(2), as applicable, of this title.”

Pub. L. 110–181, § 530(b)Subsec. (b). , struck out “of not more than 90 days” after “in the Selected Reserve”.

Pub. L. 109–1632006— designated existing provisions as subsec. (a), inserted heading, substituted “Except as provided in subsection (b), educational assistance” for “Educational assistance”, and added subsec. (b).

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181Oct. 28, 2004Pub. L. 108–375 section 530(c) of Pub. L. 110–181 section 16164 of this titleAmendment by effective as of , as if included in the enactment of to which such amendment related, see , set out as a note under .