Election to receive educational assistance

38 U.S.C. § 3327

• Title: 38 — Veterans' Benefits
• Chapter: SUBCHAPTER III—ADMINISTRATIVE PROVISIONS

Text

(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or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual.
(c) Revocation of Remaining Transferred Entitlement.—
(1) Election to revoke.—If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized.
(2) Availability of revoked entitlement.—Any entitlement revoked by an individual under this subsection shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section.
(3) Availability of unrevoked entitlement.—Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title.
(d) Post-9/11 Educational Assistance.—
(1) In general.—Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 of this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable.
(2) Limitation on entitlement for certain individuals.—In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter shall be the number of months equal to—
(A) the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus
(B) the number of months, if any, of entitlement revoked by the individual under subsection (c)(1).
(e) Continuing Entitlement to Educational Assistance Not Available Under Post-9/11 Educational Assistance Program.—
(1) In general.—In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter, the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter.
(2) Charge for use of entitlement.—The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of 1 month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable).
(f) Additional Post-9/11 Assistance for Members Having Made Contributions Toward GI Bill.—
(1) Additional assistance.—In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) 1 of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to—
(A) the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by
(B) the fraction—
(i) the numerator of which is—
(I) the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus
(II) the number of months, if any, of entitlement under chapter 30 of this title revoked by the individual under subsection (c)(1); and
(ii) the denominator of which is 36 months.
(2) Months of remaining entitlement for certain individuals.—In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months.
(3) Timing of payment.—The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) 1 of that section (as applicable), before the exhaustion of the individual's entitlement to educational assistance under this chapter.
(g) Continuing Entitlement to Additional Assistance for Critical Skills or Specialty and Additional Service.—An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title, or section 16131(i) of title 10, or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election.
(h) Alternative Election by Secretary.—
(1) In general.—In the case of an individual who, on or after January 1, 2017, submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, or who fails to make an election under this section, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual.
(2) Notice.—If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual's receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual's behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible.
(i) Irrevocability of Elections.—An election under subsection (a) or (c)(1) is irrevocable.

History

(Added Pub. L. 114–315, title IV, §405(a), Dec. 16, 2016, 130 Stat. 1555.)

Editorial Notes

Editorial Notes

References in Text
Paragraph (7) of section 3313(c) of this title, referred to in subsec. (f)(1), (3), was repealed by Pub. L. 115–48, title I, §105(b), Aug. 16, 2017, 131 Stat. 975.

Prior Provisions
Provisions similar to those comprising this section were contained in Pub. L. 110–252, title V, §5003(c), June 30, 2008, 122 Stat. 2375, which was formerly set out as a note under section 3301 of this title prior to repeal by Pub. L. 114–315, title IV, §405(c), Dec. 16, 2016, 130 Stat. 1558.

Editorial Notes

Amendments
1992—Pub. L. 102–568, title III, §313(a)(3)(B), Oct. 29, 1992, 106 Stat. 4332, struck out item 3473 "Disapproval of enrollment in certain courses".
1991—Pub. L. 102–83, §5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 1651 to 1693 as 3451 to 3493, respectively.
Pub. L. 102–16, §2(b)(1)(B), Mar. 22, 1991, 105 Stat. 49, struck out item 1663 "Educational and vocational counseling".
1989—Pub. L. 101–237, title IV, §405(d)(4)(B), Dec. 18, 1989, 103 Stat. 2082, substituted "Work-study allowance" for "Veteran-student services" in item 1685.
1988—Pub. L. 100–689, title I, §§107(c)(2)(B), 124(c)(1), Nov. 18, 1988, 102 Stat. 4169, 4175, substituted "Tutorial assistance" for "Special supplementary assistance" in item 1692 and struck out items 1682A "Accelerated payment of educational assistance allowances" and 1686 "Education loans".
1981—Pub. L. 97–35, title XX, §2003(b)(3)(B), Aug. 13, 1981, 95 Stat. 782, struck out item 1677 "Flight training".
1980—Pub. L. 96–466, title VI, §601(a)(2), Oct. 17, 1980, 94 Stat. 2208, struck out "SUBCHAPTER VI—PREDISCHARGE EDUCATION PROGRAM" heading and items 1695 "Purpose; definition", 1696 "Payment of educational assistance allowance", 1697 "Educational and vocational guidance", and 1698 "Coordination with and participation by Department of Defense".
1977—Pub. L. 95–202, title II, §201(c)(1), Nov. 23, 1977, 91 Stat. 1438, added item 1682A.
1976—Pub. L. 94–502, title II, §210(4), Oct. 15, 1976, 90 Stat. 2388, renumbered item 1697A as 1698.
1974—Pub. L. 93–508, title III, §302(b), Dec. 3, 1974, 88 Stat. 1591, added item 1686.
1972—Pub. L. 92–540, title IV, §404(a), Oct. 24, 1972, 86 Stat. 1090, inserted in Subchapter IV heading "VETERAN-STUDENT SERVICES", and substituted in item 1683 "Approval of courses" for "Apprenticeship or other on-job training"; in item 1684 "Apprenticeship or other on-job training; correspondence courses" for "Measurement of courses", and in item 1685 "Veteran-student services" for "Overcharges by educational institutions", struck out item 1672 "Change of program", item 1675 "Period of operation for approval", item 1686 "Approval of courses", and item 1687 "Discontinuance of allowances", and added item 1697A.
1970—Pub. L. 91–219, title II, §204(b), Mar. 26, 1970, 84 Stat. 81, struck out item 1678 "Special training for the educationally disadvantaged" and added subchapters V and VI.
1967—Pub. L. 90–77, title III, §§302(c), 304(b), 306(b)(1), Aug. 31, 1967, 81 Stat. 185, 186, 188, added items 1677, 1678, and 1683, and renumbered former items 1683 to 1686 as 1684 to 1687, respectively.
1966—Pub. L. 89–358, §2, Mar. 3, 1966, 80 Stat. 12, added "CHAPTER 34—VETERANS' EDUCATIONAL ASSISTANCE".