Public Law 119-73 (01/23/2026)

38 U.S.C. § 3223

Refunds of contributions upon disenrollment

(a)
section 3224 of this title Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in .
(b)
If a participant disenrolls from the program prior to discharge or release from active duty, such participant’s contributions will be refunded on the date of the participant’s discharge or release from active duty or within 60 days of receipt of notice by the Secretary of the participant’s discharge or disenrollment, except that refunds may be made earlier in instances of hardship or other good reason as prescribed in regulations issued jointly by the Secretary and the Secretary of Defense.
(c)
If a participant disenrolls from the program after discharge or release from active duty, the participant’s contributions shall be refunded within 60 days of receipt of an application for a refund from the participant.
(d)
section 3222(c) of this title In the event the participant (1) dies while on active duty, (2) dies after discharge or release from active duty, or (3) disenrolls or is disenrolled from the program without having utilized any entitlement, the participant may have accrued under the program, or, in the event the participant utilizes part of such participant’s entitlement and disenrolls or is disenrolled from the program, the amount contributed by the Secretary of Defense under the authority of remaining in the fund shall be refunded to such Secretary.

Pub. L. 94–502, title IV, § 40490 Stat. 2395Pub. L. 98–160, title VII, § 702(7)97 Stat. 1009Pub. L. 101–237, title IV, § 423(b)(1)(A)103 Stat. 2092Pub. L. 102–83, § 5(a)105 Stat. 406(Added , , , § 1623; amended , , ; , (4)(A), (7), , , 2093; renumbered § 3223 and amended , (c)(1), , .)

Editorial Notes

Amendments

Pub. L. 102–83, § 5(a)section 1623 of this title1991—, renumbered as this section.

Pub. L. 102–83, § 5(c)(1)Subsec. (a). , substituted “3224” for “1624”.

Pub. L. 102–83, § 5(c)(1)Subsec. (d). , substituted “3222(c)” for “1622(c)”.

Pub. L. 101–237, § 423(b)(1)(A)1989—Subsec. (b). , (4)(A), substituted “Secretary” for “Administrator” wherever appearing and inserted “of Defense” after “Secretary” at end.

Pub. L. 101–237, § 423(b)(7)Subsec. (d). , inserted “of Defense” after first reference to “Secretary” and substituted “such” for “the” before second reference to “Secretary”.

Pub. L. 98–1601983—Subsec. (a). inserted “of this title” after “section 1624”.

Pub. L. 98–160Subsec. (d). inserted “of this title” after “section 1622(c)”.

Statutory Notes and Related Subsidiaries

Effective Date

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