§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 Pub. L. 94–502, title IV, §404, Oct. 15, 1976, 90 Stat. 2395 , §1623; amended Pub. L. 98–160, title VII, §702(7), Nov. 21, 1983, 97 Stat. 1009 ; Pub. L. 101–237, title IV, §423(b)(1)(A), (4)(A), (7), Dec. 18, 1989, 103 Stat. 2092 , 2093; renumbered §3223 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406 .)

Editorial Notes

Amendments

1991-Pub. L. 102–83, §5(a), renumbered section 1623 of this title as this section.

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

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

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

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

1983-Subsec. (a). Pub. L. 98–160 inserted "of this title" after "section 1624".

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

Statutory Notes and Related Subsidiaries

Effective Date

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