10 U.S.C. § 16132 — Eligibility for educational assistance

Page 3768 TITLE 10—ARMED FORCES § 16132 title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the per- son’s entitlement to educational assistance under this chapter shall be determined by pro- rating the entitlement chargeable, in the man- ner provided for under paragraph (1), for the pe- riods covered by the initial rate and increased rate, respectively, in accordance with regula- tions prescribed by the Secretary of Veterans Affairs. (f) The Secretary of Veterans Affairs shall pre- scribe regulations to carry out this section. The regulations shall include requirements, condi- tions, and methods for the request, issuance, de- livery, certification of receipt and use, and re- covery of overpayment of an accelerated pay- ment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Vet- erans Affairs considers appropriate for purposes of this section. (g) The aggregate amount of educational as- sistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $4,000,000. (Added Pub. L. 110–181, div. A, title V, § 528(a)(1), Jan. 28, 2008, 122 Stat. 105.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–181, div. A, title V, § 528(a)(3), Jan. 28, 2008, 122 Stat. 107, provided that: ‘‘The amendments made by this subsection [enacting this section] shall take effect on October 1, 2008, and shall only apply to initial en- rollments in approved programs of education after such date.’’ § 16132. Eligibility for educational assistance (a) A person who— (1) after June 30, 1985— (A) enlists, reenlists, or extends an enlist- ment as a Reserve for service in the Selected Reserve for a period of not less than six years; or (B) is appointed as, or is serving as, a re- serve officer and agrees to serve in the Se- lected Reserve for a period of not less than six years in addition to any other period of obligated service in the Selected Reserve to which the person may be subject; and (2) before applying for benefits under this section, has completed the requirements of a secondary school diploma (or an equivalency certificate); is entitled to educational assistance under sec- tion 16131 of this title. (b) Educational assistance may not be pro- vided to a member under this chapter until the member has completed the initial period of ac- tive duty for training required of the member. (c) Each person who becomes entitled to edu- cational assistance under subsection (a) shall at the time the person becomes so entitled be given a statement in writing summarizing the provi- sions of this chapter and stating clearly and prominently the substance of sections 16134 and 16135 of this title as such sections may apply to the person. At the request of the Secretary of Veterans Affairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to that Secretary. (d) A person who serves in the Selected Re- serve may not receive credit for such service under both the program established by chapter 30 of title 38 and the program established by this chapter but shall elect (in such form and man- ner as the Secretary of Veterans Affairs may prescribe) the program to which such service is to be credited. However, a person may not re- ceive credit under the program established by this chapter for service (in any grade) on full- time active duty or full-time National Guard duty for the purpose of organizing, admin- istering, recruiting, instructing, or training the reserve components in a position which is in- cluded in the end strength required to be author- ized each year by section 115(a)(1)(B) of this title. (Added Pub. L. 95–79, title IV, § 402(a), July 30, 1977, 91 Stat. 329, § 2132; amended Pub. L. 95–485, title IV, § 402(a), Oct. 20, 1978, 92 Stat. 1613; Pub. L. 96–513, title V, § 511(69), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 98–525, title VII, § 705(a)(1), Oct. 19, 1984, 98 Stat. 2565; Pub. L. 100–48, § 4, June 1, 1987, 101 Stat. 331; Pub. L. 100–689, title I, §§ 110(b), 111(b)(2)–(4), Nov. 18, 1988, 102 Stat. 4170, 4173; Pub. L. 101–189, div. A, title VI, §§ 643(a), 645(a), (b)(2), Nov. 29, 1989, 103 Stat. 1458; Pub. L. 102–25, title VII, § 701(f)(6), Apr. 6, 1991, 105 Stat. 115; re- numbered § 16132 and amended Pub. L. 103–337, div. A, title XVI, § 1663(b)(2), (4), Oct. 5, 1994, 108 Stat. 3006, 3007; Pub. L. 104–106, div. A, title XV, § 1501(b)(34), Feb. 10, 1996, 110 Stat. 498; Pub. L. 106–419, title I, § 102(d), Nov. 1, 2000, 114 Stat. 1825.) Editorial Notes AMENDMENTS 2000—Subsec. (a)(2). Pub. L. 106–419 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ‘‘before completing initial active duty for training has completed the requirements of a secondary school di- ploma (or an equivalency certificate), or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this subsection, has completed such requirements at any time before such reenlistment or extension;’’. 1996—Subsec. (c). Pub. L. 104–106 substituted ‘‘sec- tions 16134’’ for ‘‘section 16134’’. 1994—Pub. L. 103–337, § 1663(b)(2), renumbered section 2132 of this title as this section. Subsec. (a). Pub. L. 103–337, § 1663(b)(4)(A), substituted ‘‘16131’’ for ‘‘2131’’ in concluding provisions. Subsec. (c). Pub. L. 103–337, § 1663(b)(4)(B), substituted ‘‘section 16134 and 16135’’ for ‘‘sections 2134 and 2135’’. 1991—Subsec. (d). Pub. L. 102–25 substituted ‘‘section 115(a)(1)(B)’’ for ‘‘section 115(b)(1)(A)(ii)’’. 1989—Subsec. (c). Pub. L. 101–189, § 645(a), substituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Administrator of Veterans’ Affairs’’ and ‘‘to that Secretary’’ for ‘‘to the Administrator’’. Subsec. (d). Pub. L. 101–189, § 645(a)(1), (b)(2), sub- stituted ‘‘A person’’ for ‘‘An individual’’ and ‘‘Sec- retary of Veterans Affairs’’ for ‘‘Administrator of Vet- erans’ Affairs’’. Pub. L. 101–189, § 643(a), inserted at end ‘‘However, a person may not receive credit under the program estab- lished by this chapter for service (in any grade) on full- time active duty or full-time National Guard duty for Page 3769 TITLE 10—ARMED FORCES § 16132a the purpose of organizing, administering, recruiting, instructing, or training the reserve components in a po- sition which is included in the end strength required to be authorized each year by section 115(b)(1)(A)(ii) of this title.’’ 1988—Subsec. (a)(2). Pub. L. 100–689, § 111(b)(2), sub- stituted ‘‘completed the requirements of’’ for ‘‘re- ceived’’, and inserted before semicolon at end ‘‘, or in the case of an individual who reenlists or extends an enlistment as described in paragraph (1)(A) of this sub- section, has completed such requirements at any time before such reenlistment or extension’’. Subsec. (b). Pub. L. 100–689, § 110(b), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘Educational assistance may not be provided to a member under this chapter until the member— ‘‘(1) has completed the initial period of active duty for training required of the member; and ‘‘(2) has completed 180 days of service in the Se- lected Reserve.’’ Subsec. (c). Pub. L. 100–689, § 111(b)(3), inserted at end ‘‘At the request of the Administrator of Veterans’ Af- fairs, the Secretary of Defense shall transmit a notice of entitlement for each such person to the Adminis- trator.’’ Subsec. (d). Pub. L. 100–689, § 111(b)(4), amended sub- sec. (d) generally. Prior to amendment, subsec. (d) read as follows: ‘‘A person who is entitled to educational as- sistance under chapter 30 of title 38 based on section 1412 of that title may not also be provided educational assistance under this chapter.’’ 1987—Subsec. (a)(1). Pub. L. 100–48 substituted ‘‘after June 30, 1985’’ for ‘‘during the period beginning on July 1, 1985, and ending on June 30, 1988’’. 1984—Pub. L. 98–525 amended section generally, up- dating provisions covering eligibility for educational assistance to cover the period beginning July 1, 1985, and ending June 30, 1988. 1980—Pub. L. 96–513 inserted ‘‘of this title’’ after ‘‘sec- tion 2131’’ wherever appearing. 1978—Subsec. (b)(1). Pub. L. 95–485 substituted ‘‘not less than six years’’ for ‘‘automatically extended by two years’’ and ‘‘last day of the term’’ for ‘‘eighth anni- versary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of this title. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 effective Dec. 1, 1994, except as otherwise provided, see section 1691 of Pub. L. 103–337, set out as an Effective Date note under section 10001 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–525 effective July 1, 1985, applicable only to members of the Armed Forces who qualify for educational assistance under this chapter on or after such date, see section 705(b) of Pub. L. 98–525, set out as a note under section 16131 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title. SAVINGS PROVISION Pub. L. 101–189, div. A, title VI, § 643(b), Nov. 29, 1989, 103 Stat. 1458, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall not affect the eligibility for educational assistance of any person who before the date of the enactment of this Act [Nov. 29, 1989] is entitled to educational assistance under sec- tion 2131(a) [now 16131(a)] of title 10, United States Code.’’ § 16132a. Authority to transfer unused education benefits to family members (a) IN GENERAL.—Subject to regulation pre- scribed by the Secretary of Defense, the Sec- retary concerned may permit a member de- scribed in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the depend- ents specified in subsection (c) a portion of such member’s entitlement to such assistance, sub- ject to the limitation under subsection (d). (b) ELIGIBLE MEMBERS.—A member referred to in subsection (a) is a member of the Selected Re- serve of the Ready Reserve who, at the time of the approval of the member’s request to transfer entitlement to basic educational assistance under this section, has completed— (1) at least six years of service in the Se- lected Reserve and enters into an agreement to serve at least four more years as a member of the armed forces; or (2) the years of service as determined in reg- ulations pursuant to subsection (j). (c) ELIGIBLE DEPENDENTS.—A member ap- proved to transfer an entitlement to basic edu- cational assistance under this section may transfer the member’s entitlement as follows: (1) To the member’s spouse. (2) To one or more of the member’s children. (3) To a combination of the individuals re- ferred to in paragraphs (1) and (2). (d) LIMITATION ON MONTHS OF TRANSFER.—The total number of months of entitlement trans- ferred by a member 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.—A member 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 de- pendent; and (3) specify the period for which the transfer shall be effective for each dependent des- ignated under paragraph (1). (f) TIME FOR TRANSFER; REVOCATION AND MODI- FICATION.—(1) Subject to the time limitation for use of entitlement under section 16133, a mem- ber approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement at any time after the approval of the member’s request to transfer such entitlement. (2) A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitle- ment so transferred. The modification or revoca- tion of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Sec- retary concerned and the Secretary of Veterans Affairs.