38 U.S.C. § 3233 — Apprenticeship or other on-job training

Page 716 TITLE 38—VETERANS’ BENEFITS § 3233 ment by the end of the delimiting period appli- cable to the veteran under subsection (a) of this section and at the end of one year thereafter has not filed a claim for utilizing such entitlement, such eligible veteran is automatically disenrolled. (2)(A) Any contributions which were made by a veteran disenrolled under paragraph (1) of this subsection and remain in the fund shall be re- funded to the veteran after notice of disenrollment is transmitted to the veteran and the veteran applies for such refund. (B) If no application for refund of contribu- tions under subparagraph (A) of this paragraph is received from a disenrolled veteran within one year after the date the notice referred to in such subparagraph is transmitted to the veteran, it shall be presumed that the veteran’s where- abouts is unknown and the funds shall be trans- ferred to the Secretary for payments for entitle- ment earned under subchapter II of chapter 30. (c)(1) Subject to paragraph (3), the amount of educational assistance payable under this chap- ter for a licensing or certification test described in section 3452(b) of this title is the lesser of $2,000 or the fee charged for the test. (2) The number of months of entitlement charged in the case of any individual for such li- censing or certification test is equal to the num- ber (including any fraction) determined by di- viding the total amount paid to such individual for such test by the full-time monthly institu- tional rate of the educational assistance allow- ance which, except for paragraph (1), such indi- vidual would otherwise be paid under this chap- ter. (3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter. (d)(1) Subject to paragraph (3), the amount of educational assistance payable under this chap- ter for a national test for admission or national test providing an opportunity for course credit at institutions of higher learning described in section 3452(b) of this title is the amount of the fee charged for the test. (2) The number of months of entitlement charged in the case of any individual for a test described in paragraph (1) is equal to the num- ber (including any fraction) determined by di- viding the total amount of educational assist- ance paid such individual for such test by the full-time monthly institutional rate of edu- cational assistance, except for paragraph (1), such individual would otherwise be paid under this chapter. (3) In no event shall payment of educational assistance under this subsection for a test de- scribed in paragraph (1) exceed the amount of the individual’s available entitlement under this chapter. (Added Pub. L. 94–502, title IV, § 404, Oct. 15, 1976, 90 Stat. 2396, § 1632; amended Pub. L. 97–258, § 3(k)(2), Sept. 13, 1982, 96 Stat. 1065; Pub. L. 98–160, title VII, § 702(8), Nov. 21, 1983, 97 Stat 1009; Pub. L. 99–576, title III, § 311, Oct. 28, 1986, 100 Stat. 3272; Pub. L. 101–237, title IV, §§ 420(a)(2), 423(b)(1)(A), Dec. 18, 1989, 103 Stat. 2087, 2092; Pub. L. 102–16, § 4, Mar. 22, 1991, 105 Stat. 49; renumbered § 3232 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–275, title I, § 106(c)(1), Oct. 9, 1996, 110 Stat. 3329; Pub. L. 106–419, title I, § 122(b)(2), Nov. 1, 2000, 114 Stat. 1834; Pub. L. 108–454, title I, § 106(b)(2), Dec. 10, 2004, 118 Stat. 3603.) Editorial Notes AMENDMENTS 2004—Subsec. (d). Pub. L. 108–454 added subsec. (d). 2000—Subsec. (c). Pub. L. 106–419 added subsec. (c). 1996—Subsec. (b)(2)(B). Pub. L. 104–275 struck out ‘‘, for the purposes of section 1322(a) of title 31,’’ after ‘‘it shall be presumed’’ and substituted ‘‘to the Sec- retary for payments for entitlement earned under sub- chapter II of chapter 30’’ for ‘‘as provided in such sec- tion’’. 1991—Pub. L. 102–83, § 5(a), renumbered section 1632 of this title as this section. Subsec. (a)(4). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3011(a)(1)(A)(ii)(III)’’ for ‘‘1411(a)(1)(A)(ii)(III)’’. Subsec. (b)(1). Pub. L. 102–16 inserted before comma ‘‘and at the end of one year thereafter has not filed a claim for utilizing such entitlement’’. 1989—Subsec. (a)(1). Pub. L. 101–237, § 420(a)(2)(B), in- serted ‘‘, and subject to paragraph (4),’’ before ‘‘of this subsection’’. Subsec. (a)(2), (3). Pub. L. 101–237, § 423(b)(1)(A), sub- stituted ‘‘Secretary’’ for ‘‘Administrator’’ wherever ap- pearing. Subsec. (a)(4). Pub. L. 101–237, § 420(a)(2)(A), added par. (4). 1986—Pub. L. 99–576 amended section generally. Prior to amendment, section read as follows: ‘‘No educational assistance benefits shall be afforded an eligible veteran under this chapter beyond the date of 10 years after such veteran’s last discharge or release from active duty. In the event an eligible veteran has not utilized any or all of such veterans’ entitlement by the end of the 10-year period, such eligible veteran is automati- cally disenrolled and any contributions made by such veteran remaining in the fund shall be refunded to the veteran following notice to the veteran and an applica- tion by the veteran for such refund. If no application is received within 1 year from date of notice, it will be presumed for the purposes of section 1322(a) of title 31 that the individual’s whereabouts is unknown and the funds shall be transferred as directed in such section.’’ 1983—Pub. L. 98–160 struck out the comma after ‘‘title 31’’ and substituted ‘‘such section’’ for ‘‘section 1322(a)’’. 1982—Pub. L. 97–258 substituted ‘‘section 1322(a) of title 31’’ and ‘‘section 1322(a)’’ for ‘‘subsection (a) of section 725s of title 31’’ and ‘‘the last proviso of that subsection’’, respectively. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–419 effective Mar. 1, 2001, and applicable with respect to licensing and certifi- cation tests approved by the Secretary of Veterans Af- fairs on or after such date, see section 122(d) of Pub. L. 106–419, set out as a note under section 3032 of this title. EFFECTIVE DATE Section effective Jan. 1, 1977, see section 406 of Pub. L. 94–502, set out as a note under section 3201 of this title. § 3233. Apprenticeship or other on-job training (a) Except as provided in subsection (b) of this section, the amount of the monthly benefit pay- ment to an individual pursuing a full-time pro- gram of apprenticeship or other on-job training under this chapter is— (1) for each of the first six months of the in- dividual’s pursuit of such program, 75 percent Page 717 TITLE 38—VETERANS’ BENEFITS § 3241 of the monthly benefit payment otherwise payable to such individual under this chapter; (2) for each of the second six months of the individual’s pursuit of such program, 55 per- cent of such monthly benefit payment; and (3) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment. (b) In any month in which an individual pur- suing a program of education consisting of a program of apprenticeship or other on-job train- ing fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this sec- tion as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. (c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of— (1) 75 percent of a month in the case of pay- ments made in accordance with subsection (a)(1) of this section; (2) 55 percent of a month in the case of pay- ments made in accordance with subsection (a)(2) of this section; and (3) 35 percent of a month in the case of pay- ments made in accordance with subsection (a)(3) of this section. (d) For any month in which an individual fails to complete 120 hours of training, the entitle- ment otherwise chargeable under subsection (c) of this section shall be reduced in the same pro- portion as the monthly benefit payment payable is reduced under subsection (b) of this section. (Added Pub. L. 99–576, title III, § 310(b)(2), Oct. 28, 1986, 100 Stat. 3271, § 1633; amended Pub. L. 101–237, title IV, § 423(a)(7), Dec. 18, 1989, 103 Stat. 2091; renumbered § 3233, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1633 of this title as this section. 1989—Subsec. (d). Pub. L. 101–237 added subsec. (d). Statutory Notes and Related Subsidiaries INCREASE IN BENEFIT FOR INDIVIDUALS PURSUING AP- PRENTICESHIP OR ON-JOB TRAINING; POST-VIETNAM ERA VETERANS’ EDUCATIONAL ASSISTANCE Pub. L. 108–454, title I, § 103(b), Dec. 10, 2004, 118 Stat. 3600, provided that: ‘‘For months beginning on or after October 1, 2005, and before January 1, 2008, subsection (a) of section 3233 of title 38, United States Code, shall be applied as if— ‘‘(1) the reference to ‘75 percent’ in paragraph (1) were a reference to ‘85 percent’; ‘‘(2) the reference to ‘55 percent’ in paragraph (2) were a reference to ‘65 percent’; and ‘‘(3) the reference to ‘35 percent’ in paragraph (3) were a reference to ‘45 percent’.’’ § 3234. Tutorial assistance (a) An individual entitled to benefits under this chapter shall also be entitled to the benefits provided an eligible veteran under section 3492 of this title, subject to the conditions applicable to an eligible veteran under such section. Any amount paid to an individual under this section shall be in addition to the amount of other bene- fits paid under this chapter. (b) An individual’s period of entitlement to educational assistance under this chapter shall be charged only with respect to the amount of educational assistance paid to the individual under this section in excess of $600. (c) 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 monthly educational assist- ance the individual is otherwise eligible to re- ceive for full-time pursuit of an institutional course under this chapter. (d) Payments of benefits under this section shall be made— (1) in the case of the first $600 of such bene- fits paid to an individual, from funds appro- priated, or otherwise available, to the Depart- ment of Veterans Affairs for the payment of readjustment benefits; and (2) in the case of payments to an individual for such benefits in excess of $600, from the fund from contributions made to the fund by the veteran and by the Secretary of Defense in the same proportion as these contributions are used to pay other educational assistance to the individual under this chapter. (Added Pub. L. 100–689, title I, § 107(b)(1), Nov. 18, 1988, 102 Stat. 4168, § 1634; amended Pub. L. 101–237, title IV, § 423(b)(1)(B), Dec. 18, 1989, 103 Stat. 2092; renumbered § 3234 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 1634 of this title as this section. Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3492’’ for ‘‘1692’’. 1989—Subsec. (d)(1). Pub. L. 101–237 substituted ‘‘De- partment of Veterans Affairs’’ for ‘‘Veterans’ Adminis- tration’’. SUBCHAPTER IV—ADMINISTRATION § 3241. Requirements (a)(1) The provisions of sections 3470, 3471, 3474, 3476, 3483, 3485, and 3491(a)(1) of this title and the provisions of chapter 36 of this title (with the exception of section 3687) shall be applicable with respect to individuals who are pursuing programs of education while serving on active duty. (2) The Secretary may, without regard to the application to this chapter of so much of the provisions of section 3471 of this title as prohibit the enrollment of an eligible veteran in a pro- gram of education in which the veteran is ‘‘al- ready qualified’’, and pursuant to such regula- tions as the Secretary shall prescribe, approve the enrollment of such individual in refresher courses (including courses which will permit such individual to update knowledge and skills