2011 US Code
Title 38 - Veterans’ Benefits
Part III - READJUSTMENT AND RELATED BENEFITS (§§ 3001 - 4335)
Chapter 33 - POST-9/11 EDUCATIONAL ASSISTANCE (§§ 3301 - 3324)
Subchapter II - EDUCATIONAL ASSISTANCE (§§ 3311 - 3319)
Section 3319 - Authority to transfer unused education benefits to family members
View MetadataPublication Title | United States Code, 2006 Edition, Supplement 5, Title 38 - VETERANS’ BENEFITS |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 38 - VETERANS’ BENEFITS PART III - READJUSTMENT AND RELATED BENEFITS CHAPTER 33 - POST-9/11 EDUCATIONAL ASSISTANCE SUBCHAPTER II - EDUCATIONAL ASSISTANCE Sec. 3319 - Authority to transfer unused education benefits to family members |
Contains | section 3319 |
Date | 2011 |
Laws in Effect as of Date | January 3, 2012 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Added Pub. L. 110-252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2369; amended Pub. L. 111-275, title X, §1001(g)(7), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111-377, title I, §§110(a), (b), 112(b), title II, §201(b), Jan. 4, 2011, 124 Stat. 4120, 4122, 4123. |
Statutes at Large References | 122 Stat. 2369 124 Stat. 2896, 4120 |
Public Law References | Public Law 110-252, Public Law 111-275, Public Law 111-377 |
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(a)
(1) Subject to the provisions of this section, the Secretary concerned may permit an individual described in subsection (b) who is entitled to educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such individual's entitlement to such assistance, subject to the limitation under subsection (d).
(2) The purpose of the authority in paragraph (1) is to promote recruitment and retention in the uniformed services. The Secretary concerned may exercise the authority for that purpose when authorized by the Secretary of Defense in the national security interests of the United States.
(b)
(1) six years of service in the armed forces and enters into an agreement to serve at least four more years as a member of the uniformed services; or
(2) the years of service as determined in regulations pursuant to subsection (j).
(c)
(1) To the individual's spouse.
(2) To one or more of the individual's children.
(3) To a combination of the individuals referred to in paragraphs (1) and (2).
(d)
(e)
(1) designate the dependent or dependents to whom such entitlement is being transferred;
(2) designate the number of months of such entitlement to be transferred to each such dependent; and
(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1).
(f)
(1)
(2)
(A)
(B)
(3)
(g)
(1) in the case of entitlement transferred to a spouse, the completion by the individual making the transfer of at least—
(A) six years of service in the armed forces; or
(B) the years of service as determined in regulations pursuant to subsection (j); or
(2) in the case of entitlement transferred to a child, both—
(A) the completion by the individual making the transfer of at least—
(i) ten years of service in the armed forces; or
(ii) the years of service as determined in regulations pursuant to subsection (j); and
(B) either—
(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or
(ii) the attainment by the child of 18 years of age.
(h)
(1)
(2)
(A) in the case of entitlement transferred to a spouse under this section, the spouse is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred; or
(B) in the case of entitlement transferred to a child under this section, the child is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty.
(3)
(A) in the case of a spouse, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer; or
(B) in the case of a child, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer as if the individual were not on active duty.
(4)
(5)
(A)
(B)
(i)
(ii)
(iii)
(I) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i);
(II) the date on which it is reasonably feasible, as determined under regulations prescribed by the Secretary, for the child to initiate or resume the use of benefits; or
(III) the date on which the child attains the age of 26 years.
(iv)
(I) begins on the date on which the child begins acting as the primary provider of personal care services for the veteran or member concerned as described in clause (i); and
(II) ends on the later of—
(aa) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member as described in clause (i); or
(bb) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits.
(6)
(7)
(i)
(1)
(2)
(A)
(B)
(i) by reason of the death of the individual; or
(ii) for a reason referred to in section 3311(c)(4).
(j)
(2) Such regulations shall specify—
(A) the manner of authorizing the transfer of entitlements under this section;
(B) the eligibility criteria in accordance with subsection (b); and
(C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).
(Added Pub. L. 110–252, title V, §5003(a)(1), June 30, 2008, 122 Stat. 2369; amended Pub. L. 111–275, title X, §1001(g)(7), Oct. 13, 2010, 124 Stat. 2896; Pub. L. 111–377, title I, §§110(a), (b), 112(b), title II, §201(b), Jan. 4, 2011, 124 Stat. 4120, 4122, 4123.)
Amendments2011—Subsec. (a). Pub. L. 111–377, §110(b), designated existing provisions as par. (1), substituted “Subject to the provisions of this section, the Secretary concerned may permit” for “Subject to the provisions of this section, the Secretary of Defense may authorize the Secretary concerned, to promote recruitment and retention of members of the Armed Forces, to permit”, and added par. (2).
Subsec. (b). Pub. L. 111–377, §110(a)(1), substituted “uniformed services” for “Armed Forces” in introductory provisions and par. (1).
Subsec. (b)(2). Pub. L. 111–377, §112(b), which directed substitution of “to subsection (j)” for “to section (k)”, could not be executed because of prior amendment by Pub. L. 111–275. See 2010 Amendment note below.
Subsec. (h)(5). Pub. L. 111–377, §201(b), amended par. (5) generally. Prior to amendment, text read as follows: “A child to whom entitlement is transferred under this section may use the benefit without regard to the 15-year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years.”
Subsec. (k). Pub. L. 111–377, §110(a)(2), struck out subsec. (k). Text read as follows: “Notwithstanding section 101(25), in this section, the term ‘Secretary concerned’ means—
“(1) the Secretary of the Army with respect to matters concerning the Army;
“(2) the Secretary of the Navy with respect to matters concerning the Navy or the Marine Corps;
“(3) the Secretary of the Air Force with respect to matters concerning the Air Force; and
“(4) the Secretary of Defense with respect to matters concerning the Coast Guard, or the Secretary of Homeland Security when it is not operating as a service in the Navy.”
2010—Subsec. (b)(2). Pub. L. 111–275 substituted “subsection (j)” for “section (k)”.
Effective Date of 2011 AmendmentPub. L. 111–377, title I, §110(c), Jan. 4, 2011, 124 Stat. 4120, provided that: “The amendments made by this section [amending this section] shall take effect on August 1, 2011.”
Amendment by section 201(b) of Pub. L. 111–377 effective Aug. 1, 2011, and applicable with respect to preventions and suspension of pursuit of programs of education that commence on or after that date, see section 201(d) of Pub. L. 111–377, set out as a note under section 3031 of this title.
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