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United States Code (Last Updated: May 24, 2014) |
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Title 38. VETERANS’ BENEFITS |
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Part III. READJUSTMENT AND RELATED BENEFITS |
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Chapter 35. SURVIVORS’ AND DEPENDENTS’ EDUCATIONAL ASSISTANCE |
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SubChapter II. ELIGIBILITY AND ENTITLEMENT |
§ 3512. Periods of eligibility
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(a) The educational assistance to which an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title is entitled under section 3511 of this title or subchapter V of this chapter may be afforded the person during the period beginning on the person’s eighteenth birthday, or on the successful completion of the person’s secondary schooling, whichever first occurs, and ending on the person’s twenty-sixth birthday, except that— (1) if the person is above the age of compulsory school attendance under applicable State law, and the Secretary determines that the person’s best interests will be served thereby, such period may begin before the person’s eighteenth birthday; (2) if the person has a mental or physical handicap, and the Secretary determines that the person’s best interests will be served by pursuing a program of special restorative training or a specialized course of vocational training approved under section 3536 of this title, such period may begin before the person’s eighteenth birthday, but not before the person’s fourteenth birthday; (3) if the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or if the death of the parent from whom eligibility is derived occurs, after the eligible person’s eighteenth birthday but before the person’s twenty-sixth birthday, then (unless paragraph (4) or (5) applies) such period shall end 8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if— (A) the Secretary approves that beginning date; (B) the eligible person elects that beginning date by not later than the end of the 60-day period beginning on the date on which the Secretary provides written notice to that person of that person’s opportunity to make such election, such notice including a statement of the deadline for the election imposed under this subparagraph; and (C) that beginning date— (i) in the case of a person whose eligibility is based on a parent who has a service-connected total disability permanent in nature, is the date determined pursuant to subsection (d), or any date between the two dates described in subsection (d); and (ii) in the case of a person whose eligibility is based on the death of a parent, is between— (I) the date of the parent’s death; and (II) the date of the Secretary’s decision that the death was service-connected; (4) if the person otherwise eligible under paragraph (3) fails to elect a beginning date of entitlement in accordance with that paragraph, the beginning date of the person’s entitlement shall be the date of the Secretary’s decision that the parent has a service-connected total disability permanent in nature, or that the parent’s death was service-connected, whichever is applicable; (5) if the person serves on duty with the Armed Forces as an eligible person after the person’s eighteenth birthday but before the person’s twenty-sixth birthday, then such period shall end 8 years after the person’s first discharge or release from such duty with the Armed Forces (excluding from such 8 years all periods during which the eligible person served on active duty before August 1, 1962 , pursuant to (A) a call or order thereto issued to the person as a Reserve afterJuly 30, 1961 , or (B) an extension of enlistment, appointment, or period of duty with the Armed Forces pursuant to section 2 of Public Law 87–117); however, in no event shall such period be extended beyond the person’s thirty-first birthday by reason of this paragraph;(6) if the person becomes eligible by reason of a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title after the person’s eighteenth birthday but before the person’s twenty-sixth birthday, then (unless paragraph (5) applies) such period shall end eight years after the date on which the person becomes eligible by reason of such provisions, but in no event shall such period be extended beyond the person’s thirty-first birthday by reason of this paragraph; (7) (A) if such person is enrolled in an educational institution regularly operated on the quarter or semester system and such period ends during a quarter or semester, such period shall be extended to the end of the quarter or semester; or (B) if such person is enrolled in an educational institution operated on other than a quarter or semester system and such period ends after a major portion of the course is completed, such period shall be extended to the end of the course, or until 12 weeks have expired, whichever first occurs; and (8) if the person is pursuing a preparatory course described in section 3002(3)(B) of this title, such period may begin on the date that is the first day of such course pursuit, notwithstanding that such date may be before the person’s eighteenth birthday, except that in no case may such person be afforded educational assistance under this chapter for pursuit of secondary schooling unless such course pursuit would otherwise be authorized under this subsection. (b) (1) (A) Except as provided in subparagraph (B), (C), or (D), a person made eligible by subparagraph (B) or (D) of section 3501(a)(1) of this title or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title may be afforded educational assistance under this chapter during the 10-year period beginning on the date (as determined by the Secretary) the person becomes an eligible person within the meaning of section 3501(a)(1)(B), 3501(a)(1)(D)(i), 3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title. In the case of a surviving spouse made eligible by clause (ii) of section 3501(a)(1)(D) of this title, the 10-year period may not be reduced by any earlier period during which the person was eligible for educational assistance under this chapter as a spouse made eligible by clause (i) of that section. (B) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph may, subject to the Secretary’s approval, elect a later beginning date for the 10-year period than would otherwise be applicable to the person under that subparagraph. The beginning date so elected may be any date between the beginning date determined for the person under subparagraph (A) and whichever of the following dates applies: (i) The date on which the Secretary notifies the veteran from whom eligibility is derived that the veteran has a service-connected total disability permanent in nature. (ii) The date on which the Secretary determines that the veteran from whom eligibility is derived died of a service-connected disability. (iii) The date on which the Secretary notifies the member of the Armed Forces from whom eligibility is derived that the member has a total disability permanent in nature incurred or aggravated in the line of duty in the active military, naval, or air service. (C) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(B) of this title by reason of the death of a person on active duty may be afforded educational assistance under this chapter during the 20-year period beginning on the date (as determined by the Secretary) such person becomes an eligible person within the meaning of such section. (D) Notwithstanding subparagraph (A), an eligible person referred to in that subparagraph who is made eligible under section 3501(a)(1)(D)(i) of this title by reason of a service-connected disability that was determined to be a total disability permanent in nature not later than three years after discharge from service may be afforded educational assistance under this chapter during the 20-year period beginning on the date the disability was so determined to be a total disability permanent in nature, but only if the eligible person remains the spouse of the disabled person throughout the period. (2) Notwithstanding the provisions of paragraph (1) of this subsection, in the case of any eligible person (as defined in section 3501(a)(1)(B), (C), (D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title who was prevented from initiating or completing such person’s chosen program of education within such period because of a physical or mental disability which was not the result of such person’s own willful misconduct, such person shall, upon application made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) October 1, 1980 , whichever is the latest, be granted an extension of the applicable delimiting period for such length of time as the Secretary determines, from the evidence, that such person was so prevented from initiating or completing such program of education. When an extension of the applicable delimiting period is granted under the exception in the preceding sentence, the delimiting period will again begin running on the first day following such eligible person’s recovery from such disability on which it is reasonably feasible, as determined in accordance with regulations which the Secretary shall prescribe, for such eligible person to initiate or resume pursuit of a program of education with educational assistance under this chapter.(c) (1) Notwithstanding subsection (a) and subject to paragraph (2), an eligible person may be afforded educational assistance beyond the age limitation applicable to the person under such subsection if— (A) the person suspends pursuit of such person’s program of education after having enrolled in such program within the time period applicable to such person under such subsection; (B) the person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to the person under such subsection; and (C) the Secretary finds that the suspension was due to either of the following: (i) The actions of the person as the primary provider of personal care services for a veteran or member of the Armed Forces under section 1720G(a) of this title. (ii) Conditions otherwise beyond the control of the person. (2) Paragraph (1) shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual’s designation as such a primary provider under section 1720G(a)(7)(D) of this title. (3) Educational assistance may not be afforded a person under paragraph (1) after the earlier of— (A) the age limitation applicable to the person under subsection (a), plus a period of time equal to the period the person was required to suspend pursuit of the person’s program of education as described in paragraph (1); or (B) the date of the person’s thirty-first birthday. (d) The term “first finds” as used in this section means the effective date of the rating or date of notification to the person from whom eligibility is derived establishing a service-connected total disability permanent in nature whichever is more advantageous to the eligible person. (e) No person made eligible by section 3501(a)(1)(C) of this title based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title may be afforded educational assistance under this chapter beyond 10 years after the date on which the spouse was so listed. [(f) Repealed. Pub. L. 108–183, title III, § 306(f)(2), Dec. 16, 2003 , 117 Stat. 2661.][(g) Repealed. Pub. L. 107–103, title I, § 108(b)(2), Dec. 27, 2001 , 115 Stat. 985.](h) Notwithstanding any other provision of this section, if an eligible person, during the delimiting period otherwise applicable to such person under this section, serves on active duty pursuant to an order to active duty issued under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10, or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32, such person shall be granted an extension of such delimiting period for the length of time equal to the period of such active duty plus four months.
References In Text
Section 2 of Public Law 87–117 [75 Stat. 242], referred to in subsec. (a)(5), was set out as a note under former section 263 of Title 10, Armed Forces.
Amendments
2011—Subsec. (c). Pub. L. 111–377 amended subsec. (c) generally. Prior to amendment, text read as follows: “Notwithstanding the provisions of subsection (a) of this section, an eligible person may be afforded educational assistance beyond the age limitation applicable to such person under such subsection if (1) such person suspends pursuit of such person’s program of education after having enrolled in such program within the time period applicable to such person under such subsection, (2) such person is unable to complete such program after the period of suspension and before attaining the age limitation applicable to such person under such subsection, and (3) the Secretary finds that the suspension was due to conditions beyond the control of such person; but in no event shall educational assistance be afforded such person by reason of this subsection beyond the age limitation applicable to such person under subsection (a) of this section plus a period of time equal to the period such person was required to suspend the pursuit of such person’s program, or beyond such person’s thirty-first birthday, whichever is earlier.”
2010—Subsec. (a)(6). Pub. L. 111–275 substituted “this paragraph” for “this clause”.
2008—Subsec. (b)(1). Pub. L. 110–389 substituted “subparagraph (B), (C), or (D)” for “subparagraph (B) or (C)” in subpar. (A) and added subpar. (D).
2006—Pub. L. 109–461, § 1006(b), provided that as of the enactment of Pub. L. 109–461, the amendments made by Pub. L. 109–444 were deemed for all purposes not to have taken effect and that Pub. L. 109–444 ceased to be in effect. See Amendment notes below and section 1006(b) of Pub. L. 109–461, set out as a Coordination of Provisions With Pub. L. 109–444 note under section 101 of this title.
Subsec. (a). Pub. L. 109–461, § 301(b)(3)(A)(i), substituted “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “an eligible person (within the meaning of section 3501(a)(1)(A) of this title)”.
Pub. L. 109–444, § 3(b)(3)(A)(i), which substituted “an eligible person whose eligibility is based on the death or disability of a parent or on a parent being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “an eligible person (within the meaning of section 3501(a)(1)(A) of this title)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (a)(6). Pub. L. 109–461, § 301(b)(3)(A)(ii), substituted “a parent being listed in one of the categories referred to in section 3501(a)(1)(C)” for “the provisions of section 3501(a)(1)(A)(iii)”.
Pub. L. 109–444, § 3(b)(3)(A)(ii), which substituted “a parent being listed in one of the categories referred to in section 3501(a)(1)(C)” for “the provisions of section 3501(a)(1)(A)(iii)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (b)(1)(A). Pub. L. 109–461, § 301(b)(3)(B)(i), inserted “or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title” after “section 3501(a)(1) of this title” and substituted “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title” for “or 3501(a)(1)(D)(ii) of this title”.
Pub. L. 109–444, § 3(b)(3)(B)(i), which inserted “or a person made eligible by the disability of a spouse under section 3501(a)(1)(E) of this title” after “section 3501(a)(1) of this title” and substituted “3501(a)(1)(D)(ii), or 3501(a)(1)(E) of this title” for “or 3501(a)(1)(D)(ii) of this title”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (b)(1)(B)(iii). Pub. L. 109–461, § 301(b)(3)(B)(ii), added cl. (iii).
Pub. L. 109–444, § 3(b)(3)(B)(ii), which added cl. (iii) identical to that added by Pub. L. 109–461, § 301(b)(3)(B)(ii), was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (b)(2). Pub. L. 109–461, § 301(b)(3)(B)(iii), substituted “(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “or (D) of this title)”.
Pub. L. 109–444, § 3(b)(3)(B)(iii), which substituted “(D), or (E) of this title) whose eligibility is based on the death or disability of a spouse or on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” for “or (D) of this title)”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (d). Pub. L. 109–461, § 301(b)(3)(C), substituted “person from whom eligibility” for “veteran from whom eligibility”.
Pub. L. 109–444, § 3(b)(3)(C), which substituted “person from whom eligibility” for “veteran from whom eligibility”, was terminated by Pub. L. 109–461, § 1006(b). See Amendment notes above.
Subsec. (e). Pub. L. 109–461, § 301(b)(3)(D), inserted “based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title” and “so” after “the spouse was” and struck out “by the Secretary concerned in one of the categories referred to in such section or
Pub. L. 109–444, § 3(b)(3)(D), which inserted “based on a spouse being listed in one of the categories referred to in section 3501(a)(1)(C) of this title” after “of this title” and “so” after “the spouse was” and struck out “by the Secretary concerned in one of the categories referred to in such section or
2004—Subsec. (b)(1)(A). Pub. L. 108–454, § 105(1), substituted “in subparagraph (B) or (C)” for “in subparagraph (B)”.
Subsec. (b)(1)(C). Pub. L. 108–454, § 105(2), added subpar.(C).
2003—Subsec. (f). Pub. L. 108–183, § 306(f)(2), struck out subsec. (f) which related to period of eligibility for loans under subchapter III of chapter 36 of this title.
Subsec. (h). Pub. L. 108–183, § 303(a), inserted “or is involuntarily ordered to full-time National Guard duty under section 502(f) of title 32,” after “title 10,”.
2002—Subsec. (a)(3). Pub. L. 107–330, § 308(e)(1)(A)(i), substituted “paragraph (4) or (5)” for “paragraph (4)” in introductory provisions.
Subsec. (a)(3)(C)(i). Pub. L. 107–330, § 308(e)(1)(A)(ii), substituted “subsection (d), or any date between the two dates described in subsection (d)” for “subsection (d)”.
Subsec. (a)(4) to (8). Pub. L. 107–330, § 308(e)(1)(B)–(D), added par. (4), redesignated former pars. (4) to (7) as (5) to (8), respectively, and substituted “paragraph (5)” for “paragraph (4)” in par. (6).
2001—Subsec. (a)(3)(B). Pub. L. 107–14, § 7(f)(1)(A), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “the eligible person makes that election after the person’s eighteenth birthday but before the person’s twenty-sixth birthday; and”.
Subsec. (a)(3)(C)(i). Pub. L. 107–14, § 7(f)(1)(B), substituted “the date determined pursuant to” for “between the dates described in”.
Subsec. (a)(5). Pub. L. 107–14, § 8(a)(6)(A), substituted “paragraph (4)” for “clause (4) of this subsection”.
Subsec. (b)(1). Pub. L. 107–103, § 108(c)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “No person made eligible by section 3501(a)(1)(B) or (D) of this title may be afforded educational assistance under this chapter beyond 10 years after whichever of the following last occurs:
“(A) The date on which the Secretary first finds the spouse from whom eligibility is derived has a service-connected total disability permanent in nature.
“(B) The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence.
“(C) The date on which the Secretary determines that the spouse from whom eligibility is derived died of a service-connected disability.”
Subsec. (b)(2). Pub. L. 107–14, § 8(a)(6)(B), substituted “willful” for “willfull”.
Subsec. (b)(3). Pub. L. 107–103, § 108(c)(3), struck out par. (3) which read as follows:
“(3)(A) Notwithstanding the provisions of paragraph (1) of this subsection, any eligible person (as defined in clause (B) or (D) of section 3501(a)(1) of this title) may, subject to the approval of the Secretary, be permitted to elect a date referred to in subparagraph (B) of this paragraph to commence receiving educational assistance benefits under this chapter. The date so elected shall be the beginning date of the delimiting period applicable to such person under this section.
“(B) The date which an eligible person may elect under subparagraph (A) of this paragraph is any date during the period beginning on the date the person became an eligible person within the meaning of clause (B) or (D) of section 3501(a)(1) of this title and ending on the date determined under subparagraph (A), (B), or (C) of paragraph (1) of this subsection to be applicable to such person.”
Subsec. (g). Pub. L. 107–103, § 108(b)(2), struck out subsec. (g) which read as follows: “Any entitlement used by any eligible person as a result of eligibility under the provisions of section 3501(a)(1)(A)(iii) or 3501(a)(1)(C) of this title shall be deducted from any entitlement to which such person may subsequently become entitled under the provisions of this chapter.”
Subsec. (h). Pub. L. 107–103, § 103(b), added subsec. (h).
2000—Subsec. (a)(3). Pub. L. 106–419, § 112, substituted “8 years after the date that is elected by that person to be the beginning date of entitlement under section 3511 of this title or subchapter V of this chapter if—” and subpars. (A) to (C) for “8 years after, whichever date last occurs: (A) the date on which the Secretary first finds that the parent from whom eligibility is derived has a service-connected total disability permanent in nature, or (B) the date of death of the parent from whom eligibility is derived;”.
Subsec. (a)(7). Pub. L. 106–419, § 114(b), added par. (7).
1991—Pub. L. 102–83, § 5(a), renumbered section 1712 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(A)” for “1701(a)(1)(A)” and “3511” for “1711” in introductory provisions, “3536” for “1736” in par. (2), and “3501(a)(1)(A)(iii)” for “1701(a)(1)(A)(iii)” in par. (5).
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(B)” for “1701(a)(1)(B)” in pars. (1) and (2) and “3501(a)(1)” for “1701(a)(1)” in par. (3)(A) and (B).
Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(C)” for “1701(a)(1)(C)”.
Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(B)” for “1701(a)(1)(B)” and “3462(a)(2)” for “1662(a)(2)”.
Subsec. (g). Pub. L. 102–83, § 5(c)(1), substituted “3501(a)(1)(A)(iii) or 3501(a)(1)(C)” for “1701(a)(1)(A)(iii) or 1701(a)(1)(C)”.
1989—Subsecs. (a)(1) to (3), (b)(1)(A), (C), (2), (3)(A), (c). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1986—Subsec. (b)(3). Pub. L. 99–576 added par. (3).
1983—Subsec. (b)(2)(C). Pub. L. 98–160 substituted “
1982—Subsec. (a). Pub. L. 97–295, § 4(44)(A), inserted “of this title” after “section 1701(a)(1)(A)”, and inserted a colon after “last occurs” in cl. (3).
Subsec. (b). Pub. L. 97–295, § 4(44)(B), substituted “of this title” for “of this chapter” wherever appearing.
Subsec. (e). Pub. L. 97–295, § 4(44)(C), substituted “
1981—Subsec. (b)(1). Pub. L. 97–66 substituted “after whichever of the following last occurs” for “after whichever last occurs” in the provisions preceding subpar. (A), “The date” for “the date” and “permanent in nature.” for “permanent in nature, or;” in subpar. (A), and “The date of death of the spouse from whom eligibility is derived who dies while a total disability evaluated as permanent in nature was in existence” for “the date of death of the spouse from whom eligibility is derived” in subpar. (B), and added subpar. (C).
1980—Subsec. (a)(5), (6). Pub. L. 96–466, § 321, added cl. (5) and redesignated former cl. (5) as (6).
Subsec. (b)(2). Pub. L. 96–466, § 322, inserted “made within one year after (A) the last date of the delimiting period otherwise applicable under this section, (B) the termination of the period of mental or physical disability, or (C) the effective date of the Veterans’ Rehabilitation and Education Amendments of 1980, whichever is the latest” after “application”, inserted “so” after “that such veteran was”, and inserted provision relating to the running of the delimiting period when an extension of the applicable delimiting period is granted an eligible person.
1977—Subsec. (b). Pub. L. 95–202, § 203(a)(2), designated existing provisions as par. (1) and former cls. (1) and (2) thereof as cls. (A) and (B), and added par. (2).
Subsecs. (f), (g). Pub. L. 95–202, § 203(b)(2), added subsec. (f) and redesignated former subsec. (f) as (g).
1976—Subsec. (a). Pub. L. 94–502, §§ 304(1), (2), 310(7), substituted “the person” for “he” and “him” and “the person’s” for “his” respectively, in the provision preceding cl. (1), and in cls. (1), (2), (3), and (4), in cls. (3) and (4) “8 years” for “five years”, and cl. (5), “such person” for “he”, “a quarter or semester” for “the last half of a quarter or semester”, “period ends after a major portion of the course is completed” for “periods ends during the last half of the course”, and “12 weeks” for “nine weeks”.
Subsec. (c). Pub. L. 94–502, § 310(8), substituted “such person” for “him” and “he” wherever appearing, and “such person’s” for “his” wherever appearing.
Subsec. (d). Pub. L. 94–502, § 304(3), struck out subsec. (d) which authorized educational assistance to an eligible person beyond the age limits applicable to him under subsec. (a) of this section by a period of time equivalent to the period of time between his eighteenth birthday or the date of his application, whichever was later, and the date of approval of his application, but in no event beyond his thirty-first birthday. Former subsec. (e) redesignated (d).
Subsec. (e). Pub. L. 94–502, §§ 304(3), 310(9), redesignated subsec. (f) as (e) and substituted “the spouse” for “her spouse”. Former subsec. (e) redesignated (d).
Subsecs. (f), (g). Pub. L. 94–502, §§ 304(3), 310(9), redesignated subsec. (g) as (f) and substituted “such person” for “he”. Former subsec. (f) redesignated (e).
1974—Subsec. (b). Pub. L. 93–337, § 2(1), substituted “may be afforded educational assistance under this chapter beyond 10 years” for “may be afforded educational assistance under this chapter beyond eight years”.
Subsec. (f). Pub. L. 93–337, § 2(2), substituted “may be afforded educational assistance under this chapter beyond 10 years” for “may be afforded educational assistance under this chapter beyond eight years”.
1972—Subsec. (a)(2). Pub. L. 92–540 substituted reference to section 1736 of this title for reference to section 1737 of this title.
1970—Subsec. (a)(3). Pub. L. 91–219, § 208(1), substituted “last occurs” for “first occurs”.
Subsec. (b). Pub. L. 91–584, § 3(1), substituted “1701(a)(1)(B) or (D)” for “1701(a)(1)(B) or (C)”.
Subsec. (e). Pub. L. 91–219, § 208(2), added subsec. (e).
Subsecs. (f), (g). Pub. L. 91–584, § 3(2), added subsecs. (f) and (g).
1968—Subsec. (a). Pub. L. 90–631, § 2(e)(1), inserted “(within the meaning of section 1701(a)(1)(A))” after “to which an eligible person”.
Subsec. (b). Pub. L. 90–631, § 2(e)(2), substituted provisions that no person made eligible by section 1701(a) (1)(B) or (C) may be afforded educational assistance under this chapter beyond 8 years after whichever of the specified events last occurs for provisions that no eligible person may be afforded educational assistance under this chapter unless he was discharged or released after each period he was on duty with the armed forces under conditions other than dishonorable, or while he is on duty with the armed forces.
1967—Subsec. (a). Pub. L. 90–77 substituted “twenty-sixth” for “twenty-third” birthday in text preceding cl. (1) and in cls. (3) and (4).
1964—Subsec. (a)(3). Pub. L. 88–361, § 3(a), inserted provisions relating to parents with a service-connected total disability permanent in nature.
Subsec. (d). Pub. L. 88–361, § 3(b), added subsec. (d).
1962—Subsec. (a). Pub. L. 87–815, among other changes, struck out from cl. (3), provisions which it incorporated into cl. (4), added to such cl. (4) the exclusion from the computation of the five year period, of all periods during which the person served on active duty before
Subsec. (c). Pub. L. 87–819 added subsec. (c).
Effective Date Of Amendment
Amendment by Pub. L. 111–377 effective
Amendment by section 301(b)(3) of Pub. L. 109–461 applicable with respect to a payment of educational assistance for a course of education pursued after
Pub. L. 108–183, title III, § 303(b),
Amendment by section 306(f)(2) of Pub. L. 108–183 effective 90 days after
Pub. L. 107–330, title III, § 308(e)(2),
Amendment by section 103(b) of Pub. L. 107–103 effective
Amendment by section 108(c)(2), (3) of Pub. L. 107–103 applicable with respect to any determination, whether administrative or judicial, of the eligibility of a spouse or surviving spouse for educational assistance under this chapter made on or after
Pub. L. 107–14, § 7(f)(2),
Amendment by Pub. L. 97–66 effective
Amendment by Pub. L. 96–466 effective
Amendment by Pub. L. 95–202 effective retroactively to
Amendment by sections 304 and 310(7)–(9) of Pub. L. 94–502 effective
Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after
Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after
Miscellaneous
Pub. L. 92–540, title VI, § 604,
Pub. L. 90–631, § 2(f),
Pub. L. 90–77, title III, § 307(b),
Pub. L. 89–349, § 2,
Pub. L. 88–361, § 5,
Pub. L. 87–377, § 2,
Pub. L. 86–236, § 2,