38 U.S.C. § 3222 | Contributions; matching fund

(a)

Except as provided in subsections (c) and (d) of this section, each person electing to participate in the program shall agree to have a monthly deduction made from such person’s military pay. Such monthly deduction shall be in any amount not less than $25 nor more than $100 except that the amount must be divisible by 5. Any such amount contributed by the participant or contributed by the Secretary of Defense pursuant to subsection (c) of this section shall be deposited in a deposit fund account entitled the “Post-Vietnam Era Veterans Education Account” (hereinafter in this chapter referred to as the “fund”) to be established in the Treasury of the United States. Contributions made by the participant shall be limited to a maximum of $2,700.

(b)

Except as otherwise provided in this chapter, each monthly contribution made by a participant under subsection (a) shall entitle the participant to matching funds from the Department of Defense at the rate of $2 for each $1 contributed by the participant.

(c)

The Secretary of Defense is authorized to contribute to the fund of any participant such contributions as the Secretary of Defense deems necessary or appropriate to encourage persons to enter or remain in the Armed Forces, including contributions in lieu of, or to reduce the amount of, monthly deductions under subsection (a) of this section. The Secretary of Defense is authorized to issue such rules and regulations as the Secretary of Defense deems necessary or appropriate to implement the provisions of this subsection.

(d)

section 3231(a) of this title Subject to the maximum contribution prescribed by subsection (a) of this section, a participant shall be permitted, while serving on active duty, to make a lump-sum contribution to the fund. A lump-sum contribution to the fund by a participant shall be in addition to or in lieu of monthly deductions made from such participant’s military pay and shall be considered, for the purposes of paragraph (2) of , to have been made by monthly deductions from such participant’s military pay in the amount of $100 per month or in such lesser amount as may be specified by such participant pursuant to regulations issued jointly by the Secretary of Defense and the Secretary.

(e)

Any amount transferred to the Secretary from the Secretary of a military department under an interagency agreement for the administration by the Department of Veterans Affairs of an educational assistance program established by the Secretary of Defense under chapter 107 of title 10 may be deposited into and disbursed from the fund for the purposes of such program.

Pub. L. 94–502, title IV, § 404Oct. 15, 197690 Stat. 2395 Pub. L. 94–502, title IV, § 408(b)Oct. 15, 197690 Stat. 2398 Pub. L. 96–466, title IV, § 406Oct. 17, 198094 Stat. 2202 Pub. L. 97–306, title IIOct. 14, 198296 Stat. 1436 Pub. L. 98–160, title VII, § 702(6)Nov. 21, 198397 Stat. 1009 Pub. L. 101–237, title IV, § 423(b)(1)Dec. 18, 1989103 Stat. 2092 Pub. L. 102–83, § 5(a)Aug. 6, 1991105 Stat. 406(Added , , , § 1622; amended , , ; , , ; , §§ 209, 210, , ; , , ; , (4)(A), (B), (D), , ; renumbered § 3222 and amended , (c)(1), , .)

Editorial Notes

Amendments

Pub. L. 102–83, § 5(a)section 1622 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (d). , substituted “3231(a)” for “1631(a)”.

Pub. L. 101–237, § 423(b)(4)(A)1989—Subsec. (a). , inserted “of Defense” after “Secretary”.

Pub. L. 101–237, § 423(b)(4)(D)Subsec. (c). , inserted “of Defense” after “Secretary” wherever appearing.

Pub. L. 101–237, § 423(b)(1)(A)Subsec. (d). , (4)(A), substituted “Secretary” for “Administrator” at end and inserted “of Defense” after “jointly by the Secretary”.

Pub. L. 101–237, § 423(b)(1)Subsec. (e). , (4)(B), substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, and inserted “of Defense” after “established by the Secretary”.

Pub. L. 98–1601983—Subsec. (d). inserted “of this title” after “section 1631(a)”.

Pub. L. 97–306, § 2101982—Subsec. (d). , substituted “$100” for “$75”.

Pub. L. 97–306, § 209Subsec. (e). , added subsec. (e).

Pub. L. 96–466, § 406(a)1980—Subsec. (a). , substituted “Except as provided in subsections (c) and (d) of this section, each” for “Each”, “$25” for “$50”, and “$100” for “$75”.

Pub. L. 96–466, § 406(b)Subsec. (c). , inserted “, including contributions in lieu of, or to reduce the amount of, monthly deductions under subsection (a) of this section” after “Armed Forces”.

Pub. L. 96–466, § 406(c)Subsec. (d). , added subsec. (d).

Pub. L. 94–5021976—Subsec. (b). substituted “Department of Defense” for “Veterans’ Administration”.

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Pub. L. 96–466Oct. 1, 1980section 802(d)(2) of Pub. L. 96–466 section 3224 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1976 Amendment

Pub. L. 94–502Jan. 1, 1982Dec. 31, 1981section 408(a) of Pub. L. 94–502 section 408(b) of Pub. L. 94–502 section 3221 of this titleAmendment by effective , because new enrollments after , in the educational assistance program provided by this chapter, were authorized after application of provisions of , see , set out as a note under .

Effective Date

Jan. 1, 1977section 406 of Pub. L. 94–502 section 3201 of this titleSection effective , see , set out as a note under .

Refunds for Certain Service Academy Graduates

Pub. L. 101–366, title II, § 207Aug. 15, 1990104 Stat. 442 Pub. L. 102–83, § 5(c)(2)Aug. 6, 1991105 Stat. 406Jan. 1, 1992Dec. 31, 1989, , , as amended by , , , directed Secretary of Veterans Affairs to refund, on receipt before , of an application from an individual, not later than 60 days after receiving such application, the amount, if any, of the individual’s unused contributions to the VEAP Account; if the individual has received educational assistance under this chapter, to pay to the individual (out of funds appropriated to the readjustment benefits account) a sum equal to the amount by which the amount of the educational assistance that the individual would have received under chapter 34 of this title for the pursuit of such program exceeds the amount of the educational assistance that the individual did receive under this chapter for the pursuit of such program; or if the individual has not received educational assistance under this chapter, to pay to the individual (out of funds appropriated to the Department of Veterans Affairs Readjustment Benefits account) a sum equal to the amount of educational assistance that the individual would have received under chapter 34 of this title for the pursuit of a program of education if the individual had been entitled to assistance under such program during the period ending on ; and to refund to the Secretary of Defense the unused contributions by such Secretary to the VEAP Account on behalf of such individual.

Educational Assistance Pilot Program; Payment of Monthly Contribution by Secretary; Manner, Scope, Etc., of Payments

section 903 of Pub. L. 96–342 section 2141 of Title 10Manner, scope, etc., of payments by Secretary in lieu of payments of monthly contributions by persons participating in educational assistance program, see , set out as a note under , Armed Forces.

January 1, 1982December 31, 1981Matching Funds From Department of Defense After , If New Enrollments Are Authorized After

section 408(b) of Pub. L. 94–502Jan. 1, 1982Dec. 31, 1981section 408(a) of Pub. L. 94–502 section 408 of Pub. L. 94–502 section 3221 of this titleFor provisions of directing that “Department of Defense” be substituted for “Veterans’ Administration” in subsec. (b) of this section, effective , if new enrollments after , in the educational assistance program provided by this chapter are authorized after application of , see , set out as a note under .