38 U.S.C. § 3033 | Bar to duplication of educational assistance benefits

(a)

(1)

Public Law 96–449 5 U.S.C. 5561 An individual entitled to educational assistance under a program established by this chapter who is also eligible for educational assistance under a program under chapter 31, 32, 33, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (; note) may not receive assistance under two or more of such programs concurrently but shall elect (in such form and manner as the Secretary may prescribe) under which program to receive educational assistance.

(2)

January 1, 1990 An individual entitled to educational assistance under chapter 34 of this title may not receive assistance under this chapter before .

(b)

A period of service counted for purposes of repayment under chapter 109 of title 10 of an education loan may not also be counted for purposes of entitlement to educational assistance under this chapter.

(c)

An individual who serves in the Selected Reserve may not receive credit for such service under two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10 but shall elect (in such form and manner as the Secretary may prescribe) the program to which such service is to be credited.

Pub. L. 98–525, title VII, § 702(a)(1)Oct. 19, 198498 Stat. 2561 Pub. L. 99–576, title III, § 306Oct. 28, 1986100 Stat. 3269 Pub. L. 101–237, title IV, § 423(b)(1)(A)Dec. 18, 1989103 Stat. 2092 Pub. L. 102–16, § 10(a)(4)Mar. 22, 1991105 Stat. 55 Pub. L. 102–83, § 5(a)Aug. 6, 1991105 Stat. 406 Pub. L. 110–252, title V, § 5003(b)(1)(A)June 30, 2008122 Stat. 2375(Added , , , § 1433; amended , , ; , , ; , , ; renumbered § 3033, , , ; , , .)

Editorial Notes

References in Text

Pub. L. 96–449Oct. 14, 198094 Stat. 1967 section 5561 of Title 5The Hostage Relief Act of 1980, referred to in subsec. (a)(1), is , , , which was formerly set out as a note under , Government Organization and Employees.

Amendments

Pub. L. 110–252, § 5003(b)(1)(A)(i)2008—Subsec. (a)(1). , inserted “33,” after “32,”.

Pub. L. 110–252, § 5003(b)(1)(A)(ii)Subsec. (c). , substituted “two or more of the programs established by this chapter, chapter 33 of this title, and chapters 1606 and 1607 of title 10” for “both the program established by this chapter and the program established by chapter 106 of title 10”.

Pub. L. 102–83 section 1433 of this title1991— renumbered as this section.

Pub. L. 102–16 10 U.S.C. 2141Subsec. (b). substituted “chapter 109 of title 10” for “section 902 of the Department of Defense Authorization Act, 1981 ( note),”.

Pub. L. 101–2371989—Subsecs. (a)(1), (c). substituted “Secretary” for “Administrator”.

Pub. L. 99–576, § 306(a)Public Law 96–449 5 U.S.C. 55611986—Subsec. (a)(1). , substituted “chapter 31, 32, or 35 of this title, under chapter 106 or 107 of title 10, or under the Hostage Relief Act of 1980 (; note) may not receive assistance under two or more of such programs” for “chapter 31, 34, or 35 of this title or under chapter 106 or 107 of title 10 may not receive assistance under both programs”.

Pub. L. 99–576, § 306(b)section 1412 of this titleSubsec. (c). , amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “An individual who is entitled to educational assistance under chapter 106 of title 10 may not also receive educational assistance under this chapter based on entitlement under .”

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–252Aug. 1, 2009section 5003(d) of Pub. L. 110–252 section 16163 of Title 10Amendment by effective , see , set out as a note under , Armed Forces.