38 U.S. Code § 3322 - Bar to duplication of educational assistance benefits

(a) In General.—

An individual entitled to educational assistance under this chapter who is also eligible for educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 or section 510 of title 10, or the provisions of the Hostage Relief Act of 1980 (Public Law 96–449; 5 U.S.C. 5561 note) may not receive assistance under two or more such programs concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter or provisions to receive educational assistance.

(b) Inapplicability of Service Treated Under Educational Loan Repayment Programs.—

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

(c) Service in Selected Reserve.—

An individual who serves in the Selected Reserve may receive credit for such service under only one of this chapter, chapter 30 of this title, and chapters 1606 and 1607 of title 10, and shall elect (in such form and manner as the Secretary may prescribe) under which chapter such service is to be credited.

(d) Additional Coordination Matters.—

In the case of an individual entitled to educational assistance under chapter 30, 31, 32, or 35 of this title, chapter 107, 1606, or 1607 of title 10, or the provisions of the Hostage Relief Act of 1980, or making contributions toward entitlement to educational assistance under chapter 30 of this title, as of August 1, 2009, coordination of entitlement to educational assistance under this chapter, on the one hand, and such chapters or provisions, on the other, shall be governed by the provisions of section 5003(c) of the Post-9/11 Veterans Educational Assistance Act of 2008.

(e) Bar To Concurrent Receipt of Transferred Education Benefits and Marine Gunnery Sergeant John David Fry Scholarship Assistance.—

An individual entitled to educational assistance under both section 3319 and paragraph (8), (9), or (10) of section 3311 of this title may not receive assistance under both provisions concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which provision to receive educational assistance.

(f) Bar To Receipt of Compensation and Pension and Marine Gunnery Sergeant John David Fry Scholarship Assistance.—

The commencement of a program of education under paragraph (8), (9), or (10) of section 3311 of this title shall be a bar to the following:

(1) Subsequent payments of dependency and indemnity compensation or pension based on the death of a parent to an eligible person over the age of 18 years by reason of pursuing a course in an educational institution.

(2) Increased rates, or additional amounts, of compensation, dependency and indemnity compensation, or pension because of such a person, whether eligibility is based upon the death of the parent.

(g) Bar To Concurrent Receipt of Transferred Education Benefits.—

A spouse or child who is entitled to educational assistance under this chapter based on a transfer of entitlement from more than one individual under section 3319 may not receive assistance based on transfers from more than one such individual concurrently, but shall elect (in such form and manner as the Secretary may prescribe) under which source to utilize such assistance at any one time.

(h) Bar To Duplication of Eligibility Based on a Single Event or Period of Service.—

(1) Active-duty service.—

An individual with qualifying service in the Armed Forces that establishes eligibility on the part of such individual for educational assistance under this chapter, chapter 30 or 32 of this title, and chapter 1606 or 1607 of title 10, shall elect (in such form and manner as the Secretary may prescribe) under which authority such service is to be credited.

(2) Eligibility for educational assistance based on parent’s service.—

A child of a member of the Armed Forces who, on or after September 11, 2001, dies in the line of duty while serving on active duty, who is eligible for educational assistance under either chapter 35 or paragraph (8), (9), or (10) of section 3311 of this title based on the parent’s death may not receive such assistance under both this chapter and chapter 35 of this title, but shall elect (in such form and manner as the Secretary may prescribe) under which chapter to receive such assistance.

(Added Pub. L. 110–252, title V, § 5003(a)(1), June 30, 2008, 122 Stat. 2373; amended Pub. L. 111–377, title I, § 111(a)–(d), title II, § 202(a), Jan. 4, 2011, 124 Stat. 4120, 4121, 4124; Pub. L. 115–48, title I, § 105(c)(6), Aug. 16, 2017, 131 Stat. 976; Pub. L. 116–315, title I, § 1002(b)(5), Jan. 5, 2021, 134 Stat. 4938.)

Editorial Notes

References in Text

The Hostage Relief Act of 1980, referred to in subsecs. (a) and (d), is Pub. L. 96–449, Oct. 14, 1980, 94 Stat. 1967, which was formerly set out as a note under section 5561 of Title 5, Government Organization and Employees.

Section 5003(c) of the Post-9/11 Veterans Educational Assistance Act of 2008, referred to in subsec. (d), is section 5003(c) of Pub. L. 110–252, which is set out as a note under section 3301 of this title.

Amendments

2021—Subsec. (e). Pub. L. 116–315, § 1002(b)(5)(A), substituted “section 3319 and paragraph (8), (9), or (10) of section 3311 of this title” for “sections 3311(b)(8) and 3319”.

Subsec. (f). Pub. L. 116–315, § 1002(b)(5)(B), substituted “paragraph (8), (9), or (10) of section 3311 of this title” for “section 3311(b)(8)”.

Subsec. (h)(2). Pub. L. 116–315, § 1002(b)(5)(C), substituted “either chapter 35 or paragraph (8), (9), or (10) of section 3311” for “either section 3311(b)(8) or chapter 35”.

2017—Subsecs. (e), (f), (h)(2). Pub. L. 115–48 substituted “3311(b)(8)” for “3311(b)(9)”.

2011—Subsec. (a). Pub. L. 111–377, § 202(a), inserted “or section 510” after “or 1607”.

Subsec. (e). Pub. L. 111–377, § 111(a), added subsec. (e).

Subsec. (f). Pub. L. 111–377, § 111(b), added subsec. (f).

Subsec. (g). Pub. L. 111–377, § 111(c), added subsec. (g).

Subsec. (h). Pub. L. 111–377, § 111(d), added subsec. (h).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Pub. L. 116–315 effective immediately after the amendments made by section 105 of Pub. L. 115–48 [amendments effective Aug. 1, 2020] and applicable with respect to a quarter, semester, or term, commencing on or after Aug. 1, 2021, see section 1002(c) of Pub. L. 116–315, set out as a note under section 3311 of this title.

Effective Date of 2017 Amendment

Amendment by Pub. L. 115–48 effective Aug. 1, 2020, see section 105(d) of Pub. L. 115–48, set out as a note under section 3311 of this title.

Effective Date of 2011 Amendment

Pub. L. 111–377, title I, § 111(e), Jan. 4, 2011, 124 Stat. 4121, provided that:

“The amendments made by this section [amending this section] shall take effect on August 1, 2011.”

Pub. L. 111–377, title II, § 202(c), Jan. 4, 2011, 124 Stat. 4124, provided that:

“The amendments made by this section [amending this section and section 3681 of this title] shall take effect on August 1, 2011.”

Effective Date

Section effective Aug. 1, 2009, see section 5003(d) of Pub. L. 110–252, set out as an Effective Date of 2008 Amendment note under section 16163 of Title 10, Armed Forces.