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38 U.S.C. § 3022 — Amount of supplemental educational assistance
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The amount of payment of educational assistance under this chapter is subject to [section 3032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3032&num=0&edition=prelim). Except as otherwise provided under subsection (b) of this section, supplemental educational assistance under [section 3021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3021&num=0&edition=prelim) shall be paid—
(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.
**(b)** In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3022
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Stable record: federal_law:legal_authorities:record_usc_2ef7358166527a2999335b36
Source file: Laws/federal/codes/united-states-code/title-38/section-3022-amount-of-supplemental-educational-assistance--68243f8cff.md
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Source location: Title 38, Chapter 30, § 3022; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(a)** The amount of payment of educational assistance under this chapter is subject to [section 3032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3032&num=0&edition=prelim). Except as otherwise provided under subsection (b) of this section, supplemental educational assistance under [section 3021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3021&num=0&edition=prelim) shall be paid—
(1) at a monthly rate of $300 for an approved program of education pursued on a full-time basis; or
(2) at an appropriately reduced rate, as determined under regulations which the Secretary shall prescribe, for an approved program of education pursued on less than a full-time basis.
**(b)** In the case of a member of the Armed Forces for whom the Secretary concerned has provided for the payment of supplemental educational assistance who has a skill or specialty designated by the Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, as a skill or specialty in which there is a critical shortage of personnel, the Secretary concerned, pursuant to such regulations, may increase the rate of the supplemental educational assistance allowance applicable to such individual to such rate in excess of the rate prescribed under subsection (a) of this section as the Secretary concerned considers appropriate, but the amount of any such increase may not exceed $300 per month.
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Federal law — U.S. Code and appendices · legal_authorities
A check received by a payee in payment of accrued benefits shall, if the payee died on or after the last day of the period covered by the check, be returned to the issuing office and canceled, unless negotiated by the payee or the duly appointed representative of the payee’s estate. The amount represented by such check, or any amount recovered by reason of improper negotiation of any such check, shall be payable in the manner provided in [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim), without regard to [section 5121(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121/c&num=0&edition=prelim). Any amount not paid in the manner provided in [section 5121 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5121&num=0&edition=prelim) shall be paid to the estate of the deceased payee unless the estate will escheat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5122
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3011 or 3018 of this title who—
(1) serves five or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3011(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1&num=0&edition=prelim) without a break in such service; and
(2) after completion of the service described in clause (1) of this subsection—
(A) is discharged from service with an honorable discharge, is placed on the retired list, is transferred to the Fleet Reserve or Fleet Marine Corps Reserve, or is placed on the temporary disability retired list;
(B) continues on active duty without a break in service; or
(C) is released from active duty for further service in a reserve component of the Armed Forces after service on active duty characterized by the Secretary concerned as honorable service.
**(b)** The Secretary concerned, pursuant to regulations to be prescribed by the Secretary of Defense, may provide for the payment of supplemental educational assistance under this subchapter to any individual eligible for basic educational assistance under section 3012 or 3018 of this title who—
(1) serves two or more consecutive years of active duty in the Armed Forces after the years of active duty counted under [section 3012(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3012/a/1&num=0&edition=prelim) and four or more consecutive years of duty in the Selected Reserve after the years of
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3021
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In the case of an individual entitled to educational assistance under this chapter who is pursuing a program of education—
(1) while on active duty; or
(2) on less than a half-time basis,
the amount of the monthly educational assistance allowance payable to such individual under this chapter is the amount determined under subsection (b) of this section.
**(b)** The amount of the educational assistance allowance payable to an individual described in subsection (a) of this section is the least of the following: (1) the amount of the educational assistance allowance otherwise payable to such individual under this chapter, (2) the established charges for tuition and fees that the educational institution involved requires similarly circumstanced nonveterans enrolled in the same program to pay, or (3) the amount of the charges of the educational institution elected by the individual under [section 3014(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3014/b/1&num=0&edition=prelim).
**(c)**
(1) Except as provided in paragraph (2) of this subsection, the amount of the monthly educational assistance allowance payable to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—
(A) for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly educational assistance allowance otherwise payable to such individual under this chapter;
(B) for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly educational assistance allowance; and
(C) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly educational assis
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3032
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Federal law — U.S. Code and appendices · legal_authorities
Page 675
TITLE 38—VETERANS’ BENEFITS
§ 3022
(1) serves two or more consecutive years of
active duty in the Armed Forces after the
years of active duty counted under section
3012(a)(1) of this title and four or more con-
secutive years of duty in the Selected Reserve
after the years of duty in the Selected Reserve
counted under such section without a break in
service; and
(2) after completion of the service described
in clause (1) of this subsection—
(A) is discharged from service with an hon-
orable discharge, is placed on the retired
list, is transferred to the Fleet Reserve or
Fleet Marine Corps Reserve, or is placed on
the temporary disability retired list; or
(B) continues on active duty or in the Se-
lected Reserve.
(c) Continuity of service of a member in the
Selected Reserve for purposes of subsection
(b)(1) of this section shall not be considered to
be broken—
(1) by any period of time (not to exceed a
maximum period prescribed by the Secretary
concerned by regulation) during which the
member is not able to locate a unit of the Se-
lected Reserve of the member’s Armed Force
that the member is eligible to join or that has
a vacancy; or
(2) by any other period of time (not to ex-
ceed a maximum period prescribed by the Sec-
retary concerned by regulation) during which
the member is not attached to a unit of the
Selected Reserve that the Secretary con-
cerned, pursuant to regulations, considers to
be inappropriate to consider for such purpose.
(d) A period of active duty or duty in the Se-
lected Reserve that occurs before the period of
duty by which the individual concerned qualifies
for basic educational assistance may not be
counted for purposes of this section.
(Added Pub. L. 98–525, title VII, § 702(a)(1), Oct.
19, 1984, 98 Stat. 2
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3022
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.