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(3) The individual has not utilized all of his or her entitlement to benefits within the 10-year period stated in $21.5041, and at the end of one year thereafter has not filed a claim for educational assistance allowance as provided in 21.5030(c).

(i) On the date of the particij discharge or release from active or

(ii) Within 60 days of VA's rece notice of the individual's dischal disenrollment; or

(iii) As soon as possible after VÀ ceipt of notice indicating that a lier refund is needed due to hards for other good reasons.

(Authority: 38 U.S.C. 101, 3225, 3232)

CROSS REFERENCE: Refunds without disenrollment. See $21.5065. [45 FR 31, Jan. 2, 1980, as amended at 46 FR 59247, Dec. 4, 1981; 51 FR 12853, Apr. 16, 1986; 58 FR 31910, June 7, 1993; 61 FR 29030, June 7, 1996)

an

(Authority: 38 U.S.C. 3223(b), 3232)

(2) If individual volun disenrolls from the program afte charge or release from active under other than dishonorable tions, his or her contributions sh refunded within 60 days of recei VA of an application for a refund the individual.

$21.5062 Date of disenrollment.

An individual will be disenrolled effective:

(a) The date the Department of Veterans Affairs or the Service Department determines he or she has ceased to be legally entitled to participate; or

(b) The date the individual negotiates the check which represents a refund of his or her remaining contributions to the fund, whichever is earlier. (Authority: 38 U.S.C. 3221(d))

$21.5064 Refund upon disenrollment.

(a) General. A disenrolled individual will be refunded all contributions made by him or her to the fund. He or she will be ineligible to receive benefits under $821.5130 and 21.5138, unless the individual reenrolls as a participant and agrees to participate in a new period of 12 consecutive months as provided in $21.5058. The amount of the contributions refunded upon disenrollment shall be limited to the amount of his or her contributions not utilized to receive benefits as of the date of disenrollment, less any outstanding debts resulting from overpayments of educational assistance allowance.

(Authority: 38 U.S.C.

3202(1/A), 3 3232(b))

(3) If an individual is disenrolled cause he or she is discharged a leased from active duty under di orable conditions, the individual's tributions remaining in the fund be refunded:

(i) On the date of the individual charge or release from active duty

(ii) Within 60 days of receipt of by the Department of Veterans A of the individual's discharge or rel whichever is the later.

(4) If an individual is disenrolle cause he or she has not utilized his or her entitlement to benefits in the 10-year delimiting period, dividual's contributions remainis the fund shall be refunded.

(i) The Department of Veteran fairs shall notify the individual the delimiting period has expired shall state the amount of unused tributions.

(ii) The Department of Veteran fairs shall make the refund only i individual requests it.

(iii) If VA does not receive a rei within 1 year from the date that th dividual is notified of his or her tlement to a refund, VA will pre that the individual's whereabout unknown. The funds on deposit for

(Authority: 38 U.S.C. 3223)

(b) Effective date of refund. The date upon which the refund of contributions, if any, will be made shall be determined as follows:

(1) If an individual voluntarily disenrolls from the program before discharge or release from active duty, VA will refund the individual's unused contributions:

individual will be transferred in accordance with the provisions of section 1322(a), Title 31, United States Code.

Authority: 38 U.S.C. 101, 3223, 3232; Pub. L. 94512, Pub. L, 99–576) 5 FR 31, Jan, 2, 1980, as amended at 51 FR 555, Dec. 24, 1986; 53 FR 617, Jan. 11, 1988; 53 FR 34497, Sept. 7. 1988; 58 FR 38058, July 15, 1953; 61 FR 29030, June 7, 1996)

$21.5065 Refunds

without disenrollment. (a) Refunds made without disenrollment following a discharge or release under dishonorable conditions—(1) A discharge or release under dishonorable conditions may result in a partial refund of contributions. If an individual who would have been eligible, but for the fact of his or her reenlistment, for the award of a discharge or release under conditions other than dishonorable at the time he or she completed an obligated period of service, later receives a discharge or release under dishonorable conditions, the Department of Veterans Affairs may refund a portion of his or her contribution.

meets all the criteria in paragraph (b)(2) of this section is discharged, the Department of Veterans Affairs will refund all contributions he or she made during the most recent period of active duty unless the individual meets one or more of the criteria stated in either paragraph (b)(4) or (5) of this section. If he or she meets one of those criteria, the contributions will not be refunded unless the individual voluntarily disenrolls.

(2) Unless a compulsory refund is prohibited by paragraph (b)(4) or (5) of this section, the Department of Veterans Affairs will refund all contributions made by an individual during the most recent period of active duty when the individual:

(i) Completed at least one period of active duty before the most recent one during which he or she established entitlement to Post-Vietnam Era Veterans' Educational Assistance;

(ii) Reentered on his or her most recent period of active duty after October 16, 1981;

(iii) Contributed to the fund during his or her most recent period of active duty; and

(iv) Is discharged.

(3) The circumstances which prohibit an automatic refund of monies contributed during the individual's most recent period of active duty do not relate only to the most recent period of active duty which began after October 16, 1981, but also the individual's prior periods of active duty regardless of whether they began before, after or on October 16, 1981.

(4) Meeting one or more of the following criteria concerning periods of active duty before the most recent one will be sufficient to prohibit a compulsory refund of contributions made during the most recent period of active duty. The individual:

(i) Before the most recent period of active duty began, completed at least one continuous period of active duty of at least 24 months, or

(ii) Was discharged or released under 10 U.S.C. 1171 (early-out discharge) from any period of active duty before the most recent one.

(Authority: 38 U.S.C. 101, 3223)

(2) Amount of refund. The Department of Veterans Affairs shall refund to the individual all of his or her remaining contributions made to the fund after the individual completed the obligated period of service.

Authority: 38 U.S.C. 101, 3223)

(3) Date of refund. The Department of Veterans Affairs shall refund all monles due the individual:

(i) On the date of the individual's discbarge or release from active duty; or

(ii) Within 60 days of receipt by the Department of Veterans Affairs of notice of the individual's discharge or releage, whichever is later.

Authority: 38 U.S.C. 101, 3223, 3232) (5) Refunds made without disenrollment ollowing a short period of active duty. (1) an individual who has contributed to de fund during more than one period "active duty may be required to re

ve a refund of those contributions de during the most recent period of active duty. When an individual who

in

(5) Meeting one or more of the fol- $21.5066 Suspension of particip lowing criteria concerning the most re

An individual may suspend pai cent period of active duty will be suffi

tion

the program cient to prohibit a compulsory refund

disenrolling. If the individual si of contributions made during the most

participation, he or she may recent period of active duty. The indi

participation at any time the vidual:

while on active duty. (i) For the most recent period of ac- (a) An individual may suspei tive duty completes 24 months of con- ticipation any time after 12 mo tinuous active duty, or the full period participation. for which the individual was called or (b) An individual who has i ordered to active duty, whichever is pated for less than 12 cons shorter; or

months may not suspend unl (ii) Is discharged or released from the Secretary of Defense determini most recent period of active duty under

the reason for the suspension is 10 U.S.C. 1171 (early-out discharge) or a personal hardship. 1173 (hardship discharge); or

(Authority: 38 U.S.C. 3221) (iii) Is discharged or released from the most recent period of active duty

$21.5067 Death of participant. for a disability incurred or aggravated (a) Disposition of unused contrib in line of duty; or

If an individual dies, the Departm (iv) Has a service-connected dis- Veterans Affairs shall pay the al ability which give him or her basic en- of his or her unused contributie titlement to disability compensation the fund to the living person or p as described in $3.4(b) of this chapter. in the order listed in this paragra

(6) In computing time served for the (1) The beneficiary or benefi purpose of this paragraph, the indi- designated by the individual und vidual is not entitled for credit for

individual's Servicemen's Group service as specified in $3.15 of this

Insurance policy; chapter. However, those periods will be

(2) The surviving spouse of thi included in determining if the service

vidual; was continuous.

(3) The surviving child or child

the individual, in equal shares; (7) The Department of Veterans Affairs shall refund all monies due the in

(4) The surviving parent or pare dividual:

the individual in equal shares. (i) On the date of the individual's dis

(b) Payments to the individual's

If none of the persons listed in charge or release from active duty; or

graph (a) of this section is livin (ii) Within 60 days of receipt of notice

Department of Veterans Affairs by the Department of Veterans Affairs

pay the amount of the individual of the individual's discharge or release,

used contributions to the fund 1 whichever is later.

individual's estate.

(Authority: 38 U.S.C. 3202, 3223, 3232, 5303A)

(c) Refunds following an election under $21.5040(6). If a veteran described in $21.5040(h) makes an election to have a period of service credited toward his or her eligibility and entitlement under 10 U.S.C. Chapter 1606, he or she will be required to receive a refund of any contributions he or she made to the fund during that period of service.

(Authority: 38 U.S.C. 3224)

(c) Payments of accrued benefits, cational assistance remaining du unpaid at the date of the vet death is payable under the prov of $3.1000 of this chapter. For this pose accrued benefits include th tion of the benefit represented b individual's contribution as well a portion included by the Departmı Veterans Affairs and the Depart of Defense.

(Authority: 38 U.S.C. 3221(f); Pub. L. 101–237)
[48 FR 36578, Aug. 12, 1983, as amended at 57
FR 38614, Aug. 26, 1992; 61 FR 20728, May 8,
1996]

(Authority: 38 U.S.C. 5121)
(47 FR 51745, Nov. 17, 1982]

ENTITLEMENT

(2) In no event will an individual's

entitlement exceed 36 months or its $21.5070 Entitlement.

equivalent in part-time training. A participant is entitled to a monthly benefit for periods of time during

(Authority: 38 U.S.C. 3222(d), 3231) which the individual is enrolled in, and [47 FR 51745, Nov. 17, 1982, as amended at 48 satisfactorily pursuing, an approved

FR 50530, Nov. 2, 1983) program of education. The amount of

$21.5072 Entitlement charge. the benefit will vary from individual to individual and, in some instances, from The Department of Veterans Affairs month to month as provided in $21.5138.

shall determine the entitlement charge

for each payment in the same manner (Authority: 38 U.S.C. 3231)

for all individuals regardless of wheth

er they are on active duty. Unless the $21.5071 Months of entitlement al.

circumstances described in paragraph lowed.

(i) of this section apply to a (a) Entitlement based on monthly con- servicemember or veteran, VA will use tributions. The Department of Veterans paragraphs (a) through (h) of this secAffairs will credit an individual with i tion to determine an entitlement month of entitlement for each month charge. he or she contributes to the fund up to (a) General. (1) Except as provided in a maximum of 36 months or its equiva

paragraphs (b) through (i) of this seclent in part-time training.

tion, VA will make a charge against

entitlement as follows: Authority: 38 U.S.C. 3231)

(i) The Department of Veterans Af

fairs will charge an individual who is a (b) Entitlement based on lump-sum con

full-time student 1 month's entitlemoutions. If an individual elects to ment for each monthly benefit paid to make a lump-sum contribution, the De- him or her. partment of Veterans Affairs will cred (ii) The Department of Veterans Afit an individual with 1 month of enti fairs will charge an individual who is tlement for:

other than a full-time student 1 (1) Every $100 included in the lump month's entitlement for each sum of sum, or

money paid equivalent to what the in(2) Every amount included in the dividual would have been paid had he lump sum which:

or she been a full-time student for 1 (1) Is at least $25 but no more than

month. $100,

(2) When the computation results in a (ii) Is evenly divisible by five, and

period of time other than a full month, (iii) Is specifically designated by the

the entitlement charge will be pro

rated. individual at the time he or she makes the contribution.

(Authority: 38 U.S.C. 3231) (Authority: 38 U.S.C. 3222(d))

(b) Secondary school program. (1) The

Department of Veterans Affairs will (c) Entitlement based on both monthly

make no charge against the entitleand lump-sum contributions. (1) If the in

ment of an individual: dividual makes both monthly and

(i) Who is pursuing a course, courses lump-sum contributions, the Depart

or a program of education leading to a ment of Veterans Affairs will:

secondary school diploma or an equiva(1) Compute the entitlement due to lency certificate, and each type of contribution separately (ii) Whose educational assistance alunder paragraphs (a) and (b) of this sec lowance is the monthly rate of the tuition, and

tion and fees being charged to him or (ii) Will combine the results of the her for the course. computations to determine the individ (2) The Department of Veterans Afual's total entitlement.

fairs will make a charge (in the same manner as for any other residence

training) against the entitlement of an individual who:

(1) Is pursuing a course, courses or a program of education leading to a secondary school diploma or an equivalency certificate, and

(ii) Elects to receive educational assistance allowance calculated according to $21.5136.

the monthly benefit otherwise pa to him or her; and

(iii) 35 percent of a month for months for which the veteran's m ly payment is based upon 35 perce the monthly benefit otherwise pa to him or her.

(3) The charge against the vete entitlement will be prorated if

(i) The veteran enrollment p ends in the middle of a month,

(ii) The veteran's monthly rate duced in the middle of a month, or

(iii) The veteran's monthly pay is reduced because he or she w less than 120 hours during the m In this instance the number of 1 worked will be rounded to the ne multiple of eight, and the entitle charge will be reduced proportiona

as

(Authority: 38 U.S.C. 3241, 3491)

(c) Correspondence training courses. (1) A charge against the period of entitlement for a program consisting exclusively of correspondence training will be made on the basis of 1 month for each sum of money paid equivalent to the dollar value of a month of entitlement

determined under $21.5138(a)(2)(viii), which is paid to the individual as an educational assistance allowance for this training. When computation results in a period of time other than a full month, the charge will be prorated.

(2) If the individual is contributing to the fund at the same time that benefits are being used or subsequently contributes a sum or sums, the entitlement charges will not be recomputed. Thus, if the monthly rate arrived at by applying the formula is determined to be $150 at the time a benefit program for correspondence training is computed, the individual will be charged 1 month of entitlement for each $150 paid. If a different monthly rate is computed at the time of a subsequent payment for such training, no adjustment will be made in the entitlement charged for the previous payment(s) even though the value of each month's entitlement may vary from payment to payment.

(Authority: 38 U.S.C. 3233(C); Pub. L. $

(e) Cooperative training. VA will : a charge against entitlement of cent of a month for each month which a veteran is paid education sistance allowance at the cooper training rate as provided in $21.51 If the veteran is paid for a pa month of training, the entitle charge will be prorated.

(Authority: 38 U.S.C. 3231(d); Pub. L. 10

(f) Training while the veteran is i cerated. If the veteran must be educational assistance allowance reduced rate because he or she is it cerated as provided in $21.5139 of part, VA will make a charge ag entitlement of one month for amount of educational assistano lowance paid to the veteran whi the equivalent of one month's ber as provided in 821.5138 of this par the appropriate type of training sued.

(Authority: 38 U.S.C. 3231(c))

(d) Apprenticeship or other on-job training. (1) The VA will determine the entitlement charge for a veteran in apprenticeship or other on-job training as stated in this paragraph.

(2) The entitlement charge will be

(i) 75 percent of a month for those months for which the veteran's monthly payment is based upon 75 percent of the monthly benefit otherwise payable to him or her;

(ii) 55 percent of a month for those months for which the veteran's monthly payment is based upon 55 percent of

(Authority: 38 U.S.C. 3231(e); Pub. L. 10

(g) Tutorial assistance. If an indivi is paid tutorial assistance as prot in $21.5141 of this part, the follo provisions will apply.

(1) There will be no charge to ent ment for the first $600 of tutoria sistance paid to an individual.

(2) VA will make a charge against period of entitlement for each am

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