(B) The requirement of discharge or release, prescribed in subparagraph (A), shall be waived in the case of any participant who has completed their first obligated period of active duty (which began after December 31, 1976) or 6 years of active duty (which began after December 31, 1976), whichever period is less. (C) For the purposes of subparagraphs (A) and (B), the term “active duty" does not include any period during which an individua (i) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (ii) served as a cadet ar midshipman at one of the service academies, or (iii) served under the provisions of section 511(d) of title 10 pursuant to an enlistment in the Army National Guard or the Air National Guard, or as a Reserve for service in the Army Reserve, Naval Reserve, Air Force Reserve, Marine Corps Reserve, or Coast Guard Reserve. (DXi) The requirement of ineligibility for educational assistance under chapter 34 of this title, prescribed in subparagraph (A), shali be waived in the case of a veteran described in division (ii) of this subparagraph who elects to receive benefits under this chapter instead of assistance under such chapter 34. A veteran who makes such an election shall be ineligible for assistance under such chap ter. Such an election is irrevocable. (ii) A veteran referred to in division (i) of this subparagraph is a veteran who before January 1, 1977, performed military service described in subparagraph (C)(iii), is entitled under section 3452(a)(3)(C) of this title to have such service considered to be " tive duty" for the purposes of chapter 34 of this title, and is eligible for assistance under such chapter only by reason of having such service considered to be active duty. (2) The terms “program of education”— (A) has the meaning given such term in section 3452(b) d this title, and (B) includes (i) a full-time program of apprenticeship or other on-job training approved as provided in clause (1) or (2), as ap propriate, of section 3687(a) of this title, and (ii) in the case of an individual who is not serving on active duty, a cooperative program (as defined in section 3482(a)(2) of this title). (3) The term "participant" is a person who is participating in the educational benefits program established under this chapter. (4) The term "educational institution" has the meaning give such term in section 3452(c) of this title. (5) The term "training establishment" has the meaning given such term in section 3452(e) of this title. (Added P.L. 94-502, §404, Oct. 15, 1976, 90 Stat. 2394, § 1602. amended P.L. 96-466, § 401, Oct. 17, 1980, 94 Stat. 2201; P.L. 98223, §203(a), Mar. 2, 1984, 98 Stat. 41; P.L. 99-576, §§ 309(aX2 310(a), Oct. 28, 1986, 100 Stat. 3270, 3271; P.L. 100-689. § 108(b)(1), Nov. 18, 1988, 102 Stat. 4169; P.L. 102-54, § 14(cX6. June 13, 1991, 105 Stat. 285; renumbered § 3202 and amended PL 102-83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) SUBCHAPTER II-ELIGIBILITY; CONTRIBUTIONS; AND 3221. Eligibility (a) Each person entering military service on or after January 1, 1977, and before July 1, 1985, shall have the right to enroll in the educational benefits program provided by this chapter (hereinafter In this chapter referred to as the "program" except where the text ndicates otherwise) at any time during such person's service on acive duty before July 1, 1985. When a person elects to enroll in the program, such person must participate for at least 12 consecutive nonths before disenrolling or suspending participation. (b) The requirement for 12 consecutive months of participation required by subsection (a) of this section shall not apply when (1) the participant suspends participation or disenrolls from the program because of personal hardship as defined in regulations issued Jointly by the Secretary and the Secretary of Defense, or (2) the participant is discharged or released from active duty. (c) A participant shall be permitted to suspend participation or disenroll from the program at the end of any 12-consecutive-month period of participation. If participation is suspended, the participant shall be eligible to make additional contributions to the program under such terms and conditions as shall be prescribed_by regulations issued jointly by the Secretary and the Secretary of Defense. (d) If a participant disenrolls from the program, such participant forfeits any entitlement to benefits under the program except as I provided in subsection (e) of this section. A participant who disenrolls from the program is eligible for a refund of such participant's contributions as provided in section 3223 of this title. (e) A participant who has disenrolled may be permitted to reenroll in the program under such conditions as shall be prescribed jointly by the Secretary and the Secretary of Defense. (f) An individual who serves in the Selected Reserve may not receive credit for such service under both the program established by this chapter and the program established by chapter 106 of title 10 but shall elect (in such form and manner as the Secretary of Veterans Affairs may prescribe) the program to which such service is to be credited. (Added P.L. 94-502, §404, Oct. 15, 1976, 90 Stat. 2394, § 1621; amended P.L. 99-576, §309(a)(3), Oct. 28, 1986, 100 Stat. 3270; P.L. 101-237, §§ 410, 423(b)(1)(A), (4)(A), (6), Dec. 18, 1989, 103 Stat. 2084, 2092, 2093; renumbered § 3221 and amended P.L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) § 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 sec tion shall be deposited in a deposit fund account entitled the "PostVietnam 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 enti tle 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 De fense 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 nec essary or appropriate to implement the provisions of this subsection. (d) 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 section 3231(a) of this title, 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 edu cational 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. (Added P.L. 94-502, § 404, Oct. 15, 1976, 90 Stat. 2395, § 1622 amended P.L. 94-502, § 408(b), Oct. 15, 1976, 90 Stat. 2398; P.L 96-466, § 406, Oct. 17, 1980, 94 Stat. 2202; P.L. 97-306, §§209, 210, Oct. 14, 1982, 96 Stat. 1436; P.L. 98-160, § 702(6), Nov. 21. 1983, 97 Stat. 1009; P.L. 101-237, § 423(b)(1), (4)(A), (B), (D), Dec. 18, 1989, 103 Stat. 2092; renumbered $3222 and amended PL 102-83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) § 3223. Refunds of contributions upon disenrollment (a) Contributions made to the program by a participant may be refunded only after the participant has disenrolled from the program or as provided in section 3224 of this title. (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) 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 section 3222(c) of this title remaining in the fund shall be refunded to such Secretary. (Added P.L. 94-502, §404, Oct. 15, 1976, 90 Stat. 2395, § 1623; amended P.L. 98-160, § 702(7), Nov. 21, 1983, 97 Stat. 1009; P.L. 101-237, § 423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092, 2093; renumbered §3223 and amended P.L. 102-83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) 3224. Death of participant In the event of a participant's death, the amount of such partici>ant's unused contributions to the fund shall be paid to the living Derson or persons first listed below: (1) The beneficiary or beneficiaries designated by such participant under such participant's Servicemembers' Group Life Insurance policy. (2) The surviving spouse of the participant. (3) The surviving child or children of the participant, in equal shares. (4) The surviving parent or parents of the participant, in equal shares. f there is no such person living, such amount shall be paid to such articipant's estate. Added P.L. 94-502, §404, Oct. 15, 1976, 90 Stat. 2395, § 1624; mended P.L. 96-466, § 402, Oct. 17, 1980, 94 Stat. 2201; renumered § 3224, P.L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; P.L. 04-275, § 405(c)(2), Oct. 9, 1996, 110 Stat. 3340.) 3225. Discharge or release under conditions which would bar the use of benefits If a participant in the program is discharged or released from acive duty under dishonorable conditions, such participant is autonatically disenrolled and any contributions made by such particiant shall be refunded to such participant on the date of such paricipant's discharge or release from active duty or within 60 days rom receipt of notice by the Secretary of such discharge or release, hichever is later. Added P.L. 94-502, §404, Oct. 15, 1976, 90 Stat. 2396, § 1625; mended P.L. 101-237, §423(b)(1)(A), Dec. 18, 1989, 103 Stat. 092; renumbered §3225, P.L. 102-83, §5(a), Aug. 6, 1991, 105 Stat. 406.) Stat. 2 (2)(E), § 1543 (a)(1 sion to corpu the ci vivin spous part spou (2) crea this tate atio inco ing of t ing chi ро to e ir S i ་ urban prescribed by su It shall be permitted, w ITIK my decoctions made from sua ILJE ZA IT II Sch lesser amount as mayb the Secretary from the Secretar BADE DE eragency agreement for Decade of Veterans Affairs of an ec. S TEH established by the Secretary of De may be deposited into and de the purposes of such program. $44 O 15, 1976, 90 Stat. 2395, §162 #452. Oct. 15, 1976, 90 Stat. 2398; P 2982 84 Stat. 2202; P.L. 97-306, $52 Stat 1436: PL 98-160, $702(6), Nov. 2 1 FL101-237. §423(b)(1), (4)A), (B), (D), De Sumbered 2092 recumbered §3222 and amended P Aug 6 1991, 105 Stat. 406.) Jestunts of contributions upon disenrollment ums made the program by a participant may * 2 dr the participant has disenrolled from the pr JO TEENet in section 3224 of this title. 23 para senrolls from the program prior to dischar I ve Mave duty, such participant's contributions will Do I Dee of the participant's discharge or release fr KIVE BUT I within 60 days of receipt of notice by the Secreta A IN INDIREnt's discharge or disenrollment, except that refun may be made earner in instances of hardship or other good |