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38 U.S.C. § 3327 — Election to receive educational assistance
Federal law — U.S. Code and appendices · legal_authorities
**(a) Individuals Eligible To Elect Participation in Post-9/11 Educational Assistance.—** An individual may elect to receive educational assistance under this chapter if such individual—
(1) as of August 1, 2009—
(A) is entitled to basic educational assistance under chapter 30 of this title and has used, but retains unused, entitlement under that chapter;
(B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter;
(C) is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter;
(D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter;
(E) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 of this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or
(F) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and
(2) as of the date of the individual’s election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter.
**(b) Cessation of Contributions Toward GI Bill.—** Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deeme
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Source location: Title 38, Chapter 33, § 3327; chapter-033-post-9-11-educational-assistance.md
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**(a) Individuals Eligible To Elect Participation in Post-9/11 Educational Assistance.—** An individual may elect to receive educational assistance under this chapter if such individual—
(1) as of August 1, 2009—
(A) is entitled to basic educational assistance under chapter 30 of this title and has used, but retains unused, entitlement under that chapter;
(B) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter;
(C) is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter;
(D) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter;
(E) is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 of this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or
(F) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and
(2) as of the date of the individual’s election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter.
**(b) Cessation of Contributions Toward GI Bill.—** Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual.
**(c) Revocation of Remaining Transferred Entitlement.—**
(1) **Election to revoke.—** — If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under [section 3020 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3020&num=0&edition=prelim) is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized.
(2) **Availability of revoked entitlement.—** — Any entitlement revoked by an individual under this subsection shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section.
(3) **Availability of unrevoked entitlement.—** — Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under [section 3020 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3020&num=0&edition=prelim).
**(d) Post-9/11 Educational Assistance.—**
(1) **In general.—** — Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 of this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable.
(2) **Limitation on entitlement for certain individuals.—** — In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter shall be the number of months equal to—
(A) the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus
(B) the number of months, if any, of entitlement revoked by the individual under subsection (c)(1).
**(e) Continuing Entitlement to Educational Assistance Not Available Under Post-9/11 Educational Assistance Program.—**
(1) **In general.—** — In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter, the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter.
(2) **Charge for use of entitlement.—** — The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of 1 month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable).
**(f) Additional Post-9/11 Assistance for Members Having Made Contributions Toward GI Bill.—**
(1) **Additional assistance.—** — In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter as a monthly stipend payable under paragraph (1)(B) of [section 3313(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/c&num=0&edition=prelim), or under paragraphs (2) through (7) 11 See References in Text note below. of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to—
(A) the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by
(B) the fraction—
(i) the numerator of which is—
(I) the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus
(II) the number of months, if any, of entitlement under chapter 30 of this title revoked by the individual under subsection (c)(1); and
(ii) the denominator of which is 36 months.
(2) **Months of remaining entitlement for certain individuals.—** — In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months.
(3) **Timing of payment.—** — The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of [section 3313(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/c&num=0&edition=prelim), or under paragraphs (2) through (7) 1 of that section (as applicable), before the exhaustion of the individual’s entitlement to educational assistance under this chapter.
**(g) Continuing Entitlement to Additional Assistance for Critical Skills or Specialty and Additional Service.—** An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under [section 3015(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/d&num=0&edition=prelim), or [section 16131(i) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section16131/i&num=0&edition=prelim), or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election.
**(h) Alternative Election by Secretary.—**
(1) **In general.—** — In the case of an individual who, on or after January 1, 2017, submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, or who fails to make an election under this section, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual.
(2) **Notice.—** — If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual’s receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual’s behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible.
**(i) Irrevocability of Elections.—** An election under subsection (a) or (c)(1) is irrevocable.
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Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) The term “active duty” has the meanings as follows (subject to the limitations specified in sections 3002(6) and 3311(b)):
(A) In the case of members of the regular components of the Armed Forces, the meaning given such term in section 101(21)(A).
(B) In the case of members of the reserve components of the Armed Forces, service on active duty under a call or order to active duty under section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 11 See References in Text note below. of title 14.
(C) In the case of a member of the Army National Guard of the United States or Air National Guard of the United States, in addition to service described in subparagraph (B), full-time service—
(i) in the National Guard of a State for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; or
(ii) in the National Guard under [section 502(f) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section502/f&num=0&edition=prelim) when authorized by the President or the Secretary of Defense for the purpose of responding to a national emergency declared by the President and supported by Federal funds.
(2) The term “emergency situation” has the meaning given such term in [section 3601 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3601&num=0&edition=prelim).
(3) The term “entry level and skill training” means the following:
(A) In the case of members of the Army, Basic Combat Training and Advanced Individual Training or One Station Unit Training.
(B) In the case of members of the Navy, Recruit Training (or Boot Camp) and Skill Training (or so-called “A” School).
(C) In th
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3301
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** 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 an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one or more of the dependents specified in subsection (c) the unused portion of entitlement to such assistance, subject to the limitation under subsection (d).
**(b) Eligible Individuals.—** An individual referred to in subsection (a) is any member of the Armed Forces—
(1) who, while serving on active duty or as a member of the Selected Reserve at the time of the approval by the Secretary concerned of the member’s request to transfer entitlement to basic educational assistance under this section, has completed 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 Armed Forces; or
(2) as determined in regulations pursuant to subsection (k).
**(c) Eligible Dependents.—** An individual approved to transfer an entitlement to basic educational assistance under this section may transfer the individual’s entitlement as follows:
(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) Limitation on Months of Transfer.—**
(1) An individual approved to transfer an entitlement to basic educational assistance under this section may transfer any unused entitlement to one or more of the dependents specified in subsection (c).
(2) The total number of months of entitlement transferred by an individual under this section may not exceed 36 months. The Secretary of De
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3020
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Federal law — U.S. Code and appendices · legal_authorities
Page 748
TITLE 38—VETERANS’ BENEFITS
§ 3326
(B) indicating whether it is necessary for
the purposes of maintaining adequate levels
of well-qualified active-duty personnel in the
Armed Forces to continue to offer the oppor-
tunity for educational assistance under this
chapter to individuals who have not yet en-
tered active-duty service; and
(C) describing the efforts under section
3323(b) of this title to inform members of the
Armed Forces of the active duty service re-
quirements for entitlement to educational
assistance under this chapter and the results
from such efforts; and
(2) such recommendations for administrative
and legislative changes regarding the provi-
sion of educational assistance to members of
the Armed Forces and veterans, and their de-
pendents, as the Secretary of Defense con-
siders appropriate.
(c) CONTENTS OF SECRETARY OF VETERANS AF-
FAIRS REPORTS.—The Secretary shall include in
each report submitted under this section—
(1) information concerning the level of utili-
zation of educational assistance and of expend-
itures under this chapter and under chapter 35
of this title;
(2) appropriate student outcome measures,
such as the number of credit hours, certifi-
cates, degrees, and other qualifications earned
by beneficiaries under this chapter and chap-
ter 35 of this title during the academic year
covered by the report;
(3) the information received by the Sec-
retary under section 3326 of this title; and
(4) such recommendations for administrative
and legislative changes regarding the provi-
sion of educational assistance to members of
the Armed Forces and veterans, and their de-
pendents, as the Secretary considers appro-
priate.
(d) TERMINATION.—No report shall be required
under this section after January 1, 2021.
(Added P
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