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38 U.S.C. § 3020 — Authority to transfer unused education benefits to family members for career service members
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
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Source file: Laws/federal/codes/united-states-code/title-38/section-3020-authority-to-transfer-unused-education-benefits-to-family-members-for-ca--79052ccb89.md
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Source location: Title 38, Chapter 30, § 3020; chapter-030-all-volunteer-force-educational-assistance-program.md
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**(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 Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.
**(e) Designation of Transferee.—** An individual transferring an entitlement to basic educational assistance under this section shall—
(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) Time for Transfer; Revocation and Modification.—**
(1) Subject to the time limitation for use of entitlement under [section 3031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim), an individual approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s request to transfer such entitlement only while the individual is a member of the Armed Forces when the transfer is executed.
(2)
(A) An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred as long as the individual is serving on active duty or as a member of the Selected Reserve.
(B) The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs.
(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.
**(g) Commencement of Use.—** A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement until—
(1) in the case of entitlement transferred to a spouse, the completion by the individual making the transfer of six years of service in the Armed Forces; or
(2) in the case of entitlement transferred to a child, both—
(A) the completion by the individual making the transfer of 10 years of service in the Armed Forces; 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) Additional Administrative Matters.—**
(1) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used.
(2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6), a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this subchapter in the same manner as the individual from whom the entitlement was transferred.
(3)
(A) Subject to subparagraph (B), the monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 3015 and 3022 of this title to the individual making the transfer.
(B) The monthly rate of assistance payable to a dependent under subparagraph (A) shall be subject to the provisions of [section 3032 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3032&num=0&edition=prelim), except that the provisions of subsection (a)(1) of that section shall not apply even if the individual making the transfer to the dependent under this section is on active duty during all or any part of enrollment period of the dependent in which such entitlement is used.
(4) The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred.
(5) Notwithstanding [section 3031 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3031&num=0&edition=prelim), a child to whom entitlement is transferred under this section may use the benefit without regard to the 10-year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years.
(6) The administrative provisions of this chapter (including the provisions set forth in [section 3034(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3034/a/1&num=0&edition=prelim)) shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible veteran for purposes of such provisions.
(7) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate).
**(i) Overpayment.—**
(1) In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of [section 3685 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3685&num=0&edition=prelim).
(2) Except as provided in paragraph (3), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(3) in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of basic educational assistance under paragraph (1).
(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual—
(A) by reason of the death of the individual; or
(B) for a reason referred to in [section 3011(a)(1)(A)(ii)(I) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3011/a/1/A/ii/I&num=0&edition=prelim).
**(j) Approvals of Transfer Subject to Availability of Appropriations.—** The Secretary concerned may approve transfers of entitlement to basic educational assistance under this section in a fiscal year only to the extent that appropriations for military personnel are available in that fiscal year for purposes of making deposits in the Department of Defense Education Benefits Fund under [section 2006 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim) in that fiscal year to cover the present value of future benefits payable from the Fund for the Department of Defense portion of payments of basic educational assistance attributable to increased usage of benefits as a result of such transfers of entitlement in that fiscal year.
**(k) Regulations.—** The Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall prescribe regulations for purposes of this section. Such regulations shall specify—
(1) the manner of authorizing the military departments to offer transfer of entitlements under this section;
(2) the eligibility criteria in accordance with subsection (b);
(3) the limitations on the amount of entitlement eligible to be transferred; and
(4) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).
**(l) Secretary Concerned Defined.—** Notwithstanding [section 101(25) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101/25&num=0&edition=prelim), 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 or the Space 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in subsections (b) through (g) and subsection (i), and subject to subsection (h), of this section, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty, except that such 10-year period shall begin—
(1) in the case of an individual who becomes entitled to such assistance under clause (A) or (B) of [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), on the later of the date of such individual’s last discharge or release from active duty or the date on which the four-year requirement described in clause (A)(ii) or (B)(ii), respectively, of such section 3012(a)(1) is met;
(2) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(B), on the later of the date of such individual’s last discharge or release from active duty or January 1, 1990; and
(3) in the case of an individual who becomes entitled to such assistance under section 3011(a)(1)(C) or 3012(a)(1)(C) of this title, on December 27, 2001.
**(b)** In the case of any eligible individual who has been prevented, as determined by the Secretary, from pursuing a program of education under this chapter within the 10-year period prescribed by subsection (a) of this section because such individual had not met the nature of discharge requirement of this chapter before the nature of such individual’s discharge or release was changed by appropriate authority, such 10-year period shall not run during the period of time that such individual was so prevented from pursuing s
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3031
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is established on the books of the Treasury a fund to be known as the Department of Defense Education Benefits Fund (hereinafter in this section referred to as the “Fund”), which shall be administered by the Secretary of the Treasury. The Fund shall be used for the accumulation of funds in order to finance armed forces education liabilities on an actuarially sound basis.
**(b)** In this section:
(1) The term “armed forces education liabilities” means liabilities of the armed forces for benefits under chapter 30 or 33 of title 38 and for Department of Defense benefits under paragraphs (3) and (4) of section 510(e) and chapters 1606 and 1607 of this title, including funds provided by the Secretary of Homeland Security for education liabilities for the Coast Guard when it is not operating as a service in the Department of the Navy.
(2) The term “normal cost”, with respect to any period of time, means the total of the following:
(A) The present value of the future benefits payable from the Fund for amounts attributable to increased amounts of educational assistance authorized under [section 3015(d) of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/d&num=0&edition=prelim) to persons who were not on active duty on July 1, 1985, and who during such period enter on active duty.
(B) The present value of the future benefits payable from the Fund for amounts attributable to educational assistance authorized under subchapter III of chapter 30 of title 38 to persons who were not on active duty on July 1, 1985, and who during such period—
(i) enter a fourth year of active duty, in the case of persons eligible for basic educational assistance under section 3011 of such title; or
(ii) enter a period of service
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2006
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Whenever the Secretary finds that an overpayment has been made to a veteran or eligible person relating to educational assistance under a law administered by the Secretary, the amount of such overpayment shall constitute a liability of such veteran or eligible person to the United States.
**(b)** Any overpayment to a veteran or eligible person with respect to pursuit by the veteran or eligible person of a program of education at an educational institution shall constitute a liability of the educational institution to the United States if—
(1) the Secretary finds that the overpayment has been made as the result of—
(A) the willful or negligent failure of an educational institution to report, as required under this chapter or chapter 34 or 35 of this title, to the Department of Veterans Affairs excessive absences from a course, or discontinuance or interruption of a course by the veteran or eligible person; or
(B) the willful or negligent false certification by an educational institution; or
(2) the benefit payment sent to an educational institution on behalf of an eligible veteran or person is made pursuant to—
(A) [section 3313(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3313/h&num=0&edition=prelim);
(B) [section 3317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3317&num=0&edition=prelim); or
(C) [section 3680(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3680/d&num=0&edition=prelim); or
(D) [section 3320(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3320/d&num=0&edition=prelim).
**(c)** Any overpayment referred to in subsection (a) or (b) of this sect
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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
**(a)** Monetary benefits under laws administered by the Secretary shall be paid by checks drawn, pursuant to certification by the Secretary, in such form as to protect the United States against loss, and payable by the Treasurer of the United States. Such checks shall be payable without separate vouchers or receipts except in any case in which the Secretary may consider a voucher necessary for the protection of the Government. Such checks shall be transmitted by mail to the payee thereof at the payee’s last known address and, if the payee has moved and filed a regular change of address notice with the United States Postal Service, shall be forwarded to the payee. The envelope or cover of each such checks shall bear on the face thereof the following notice: “POSTMASTER: PLEASE FORWARD if addressee has moved and filed a regular change-of-address notice. If addressee is deceased, return the letter with date of death, if known.”
**(b)** Postmasters, delivery clerks, letter carriers, and all other postal employees are prohibited from delivering any mail addressed by the United States and containing any such check to any person whomsoever if such person has died or in the case of a surviving spouse, if the postal employee believes that the surviving spouse has remarried (unless the mail is addressed to the surviving spouse in the name the surviving spouse has acquired by the remarriage). The preceding sentence shall apply in the case of checks in payment of benefits other than pension, compensation, dependency and indemnity compensation, and insurance, only insofar as the Secretary deems it necessary to protect the United States against loss.
**(c)** Whenever mail is not delivered because of the prohibition of subsection (b), such mail shall be returned forthwith by the po
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5120
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except to the extent otherwise specifically provided in this chapter, the educational assistance programs established by this chapter shall be administered by the Department of Veterans Affairs.
**(b)**
(1) Except to the extent provided in paragraphs (2), (3), and (4), payments for entitlement earned under subchapter II of this chapter shall be made from funds appropriated to, or otherwise available to, the Department of Veterans Affairs for the payment of readjustment benefits and from transfers from the Post-Vietnam Era Veterans Education Account pursuant to [section 3232(b)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3232/b/2/B&num=0&edition=prelim).
(2) Payments for entitlement earned under subchapter II of this chapter that is established under [section 3015(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015/d&num=0&edition=prelim) at a rate in excess of the rate prescribed under subsection (a) or (b) of [section 3015 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3015&num=0&edition=prelim) shall, to the extent of that excess, be made from the Department of Defense Education Benefits Fund established under [section 2006 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2006&num=0&edition=prelim) or from appropriations made to the Department of Homeland Security, as appropriate.
(3) Payment for entitlements established under section 3018A or 3018B of this title shall be made—
(A) except as provided in subparagraphs (B) and (C) of this paragraph, from the Department of Defense Education Benefits Fund established under [section 2006 of title 10](https://uscode.house.gov/vi
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3035
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3327
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Federal law — U.S. Code and appendices · legal_authorities
Page 672
TITLE 38—VETERANS’ BENEFITS
§ 3019
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective on the date of
transfer of the Coast Guard to the Department of
Homeland Security, see section 1704(g) of Pub. L.
107–296, set out as a note under section 101 of Title 10,
Armed Forces.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–368 effective Oct. 1, 1998,
see section 203(b) of Pub. L. 105–368, set out as a note
under section 3011 of this title.
TREATMENT OF CERTAIN CONTRIBUTIONS
Pub. L. 107–14, § 7(e)(2), June 5, 2001, 115 Stat. 33, pro-
vided that: ‘‘Any amount collected under section
3018C(b) of title 38, United States Code (whether by re-
duction in basic pay under paragraph (1) of that sec-
tion, collection under paragraph (2) of that section, or
both), with respect to an individual who enrolled in
basic educational assistance under section 3018C(e) of
that title, during the period beginning on November 1,
2000, and ending on the date of the enactment of this
Act [June 5, 2001], shall be treated as an amount col-
lected with respect to the individual under section
3018C(e)(3)(A) of that title (whether as a reduction in
basic pay under clause (i) of that section, a collection
under clause (ii) of that section, or both) for basic edu-
cational assistance under section 3018C of that title.’’
§ 3019. Tutorial assistance
(a) An individual entitled to an educational
assistance allowance under this chapter shall
also be entitled to benefits provided an eligible
veteran under section 3492 of this title, subject
to the conditions applicable to an eligible vet-
eran under such section.
(b) The amount of such benefits payable under
this section may not exceed $100 per month, for
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 3020
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