38 C.F.R. § 21.5058

Current through May 31, 2024
Section 21.5058 - Resumption of participation
(a)General. An eligible individual, who remains otherwise eligible, may resume active contribution to the fund, if he or she has:
(1) Voluntarily elected to suspend following completion of minimum participation;
(2) Suspended at any time for reasons of hardship; or
(3) Received a discharge or release from active duty after participation and reenlisted.

(Authority: 38 U.S.C. 3221 )

(b)Disenrollment in order to participate in other educational programs. A person who elects to disenroll in order to receive educational assistance allowance under 38 U.S.C. chapter 34 or to receive an officer adjustment benefit payable under sec. 207 , Pub. L. 101-366 , 104 Stat. 442, may not reenroll if he or she has negotiated a check under the provisions of law governing the program elected in lieu of the Post-Vietnam Era Veterans' Educational Assistance Program. A person who elects to disenroll in order to receive educational assistance under the Montgomery GI Bill-Active Duty, as provided in § 21.7045 , may not reenroll.

(Authority: 38 U.S.C. 3018A , 3018B , 3018C , 3202(l) , 3222 )

(c)Reenrollment permitted following some disenrollments.
(1) Except as provided in paragraph (b) of this section, a person who has disenrolled may reenroll, but will have to qualify again for minimum participation as described in § 21.5052(a) .
(2) If a person does reenroll, he or she may "repurchase" entitlement by tendering previously refunded contributions which he or she received upon disenrollment, subject to the conditions of § 21.5052(f) .

(Authority: 38 U.S.C. 3221 , 3222)

38 C.F.R. §21.5058

45 FR 31, Jan. 2, 1980, as amended at 46 FR 29474, June 2, 1981; 47 FR 51745, Nov. 17, 1982; 51 FR 12853, Apr. 16, 1986; 58 FR 38058, July 15, 1993; 58 FR 40468, July 28, 1993; 61 FR 7217, 7218, Feb. 27, 1996; 61 FR 29029, June 7, 1996