Page:United States Statutes at Large Volume 106 Part 3.djvu/911

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PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2705 "(2) the Secretary, in consultation with the Secreta^ of Defense, shall, subject to the availability of appropriations, allow an individual who— "(A) separated before the date of enactment of this section from the active military, naval, or air service with an honorable discharge and received or is receiving voluntary separation incentives under section 1174a or 1175 of title 10; "(B) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or equivalency certificate) or has successfolly completed the equivalent of 12 semester hoiu's in a program of education leading to a standard college degree; (C) in the case of any individual who has made an election under section SOlKcXD or 3012(d)(l) of this title, withdraws such election before making an election under this paragraph pursuant to procedures which the Secretary shall provide, in consultation with the Secretary of Defense and the Secretary of Transportation with respect to the Coast Guard when it is not operating as service in the Navy, which shall be similar to the regulations prescribed under paragraph (I)(C) of this subsection; "(D) in the case of any person enrolled in the educational benefits program provided by chapter 32 of this title makes an irrevocable election, pursuant to procedures referred to in subparagraph (C) of this paragraph, before mcddng an election under this paragraph to receive benefits under this section in lieu of benefits under such chapter 32; and "(E) before the one-year period beginnii^ on the date of enactment of this section, elects to receive assistance under this section pursuant to procedures referred to in subparagraph (C) of this paragraph, to elect to become entitled to basic education assistance under this chapter. "(b)(1) The basic pay or voluntary separation incentives of an individual who makes an election under subsection (a)(l) to become entitled to basic education assistance under this chapter shall be reduced by $1,200. "(2) The Secretary shall collect $1,200 from an individucd who makes an election under subsection (a)(2) to become entitled to basic education assistance under this chapter, which shall be paid into the Treasury of the United States as miscellaneous receipts. "(c) A withdrawal referred to in subsection (a)(l)(C) or (a)(2)(C) of this section is irrevocable. "(d)(1) Except as provided in paragraph (3) of this subsection, an individual who is enrolled in the educational benefits program provided by chapter 32 of this title and who makes the election described in subsection (a)(l)(D) or (a)(2)(D) of this subsection shall be disenroUed from such chapter 32 program as of the date of such election. "(2) For each individual who is disenroUed from such program, the Secretary shall refund— "(A) as provided in section 3223(b) of this title, to the individual the unused contributions made by the individual to the Post-Vietnam Era Veterans Education Account established pursuant to section 3222(a) of this title; and