38 U.S.C. § 3019 — Tutorial assistance

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 a maximum of twelve months, or until a max- imum of $1,200 is utilized. This amount is in ad- dition to the amount of educational assistance allowance payable to the individual under this chapter. (c)(1) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of tutorial assistance paid to the individual under this section in excess of $600. (2) An individual’s period of entitlement to educational assistance under this chapter shall be charged at the rate of one month for each amount of assistance paid to the individual under this section in excess of $600 that is equal to the amount of the monthly educational as- sistance allowance which the individual is oth- erwise eligible to receive for full-time pursuit of an institutional course under this chapter. (Added Pub. L. 100–689, title I, § 107(a)(1), Nov. 18, 1988, 102 Stat. 4167, § 1419; renumbered § 3019 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1419 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3492’’ for ‘‘1692’’. § 3020. Authority to transfer unused education benefits to family members for career service members (a) IN GENERAL.—Subject to the provisions of this section, the Secretary of Defense may au- thorize the Secretary concerned, to promote re- cruitment and retention of members of the Armed Forces, to permit an individual described in subsection (b) who is entitled to basic edu- cational assistance under this subchapter to elect to transfer to one or more of the depend- ents specified in subsection (c) the unused por- tion of entitlement to such assistance, subject to the limitation under subsection (d). (b) ELIGIBLE INDIVIDUALS.—An individual re- ferred 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 sec- tion, 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 ap- proved to transfer an entitlement to basic edu- cational 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 chil- dren. (3) To a combination of the individuals re- ferred to in paragraphs (1) and (2). (d) LIMITATION ON MONTHS OF TRANSFER.—(1) An individual approved to transfer an entitle- ment to basic educational assistance under this section may transfer any unused entitlement to one or more of the dependents specified in sub- section (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- fense 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 indi- vidual transferring an entitlement to basic edu- cational 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 3031 of this title, an individual approved to transfer entitle- ment to basic educational assistance under this section may transfer such entitlement at any time after the approval of the individual’s re- quest to transfer such entitlement only while