Page:United States Statutes at Large Volume 118.djvu/1921

 118 STAT. 1891 PUBLIC LAW 108–375—OCT. 28, 2004 ‘‘(c) BENEFIT AMOUNT.—(1) The educational assistance program established under subsection (a) shall provide for payment by the Secretary concerned, through the Secretary of Veterans Affairs, an educational assistance allowance to each member entitled to educational assistance under this chapter who is pursuing a pro gram of education authorized under subsection (b). ‘‘(2) The educational assistance allowance provided under this chapter shall be based on the applicable percent under paragraph (4) to the applicable rate provided under section 3015 of title 38 for a member whose entitlement is based on completion of an obligated period of active duty of three years. ‘‘(3) The educational assistance allowance provided under this section for a person who is undertaking a program for which a reduced rate is specified in chapter 30 of title 38, that rate shall be further adjusted by the applicable percent specified in paragraph (4). ‘‘(4) The adjusted educational assistance allowance under para graph (2) or (3), as applicable, shall be— ‘‘(A) 40 percent in the case of a member of a reserve component who performed active service for 90 consecutive days but less than one continuous year; ‘‘(B) 60 percent in the case of a member of a reserve component who performed active service for one continuous year but less than two continuous years; or ‘‘(C) 80 percent in the case of a member of a reserve component who performed active service for two continuous years or more. ‘‘(d) MAXIMUM MONTHS OF ASSISTANCE.—(1) Subject to section 3695 of title 38, the maximum number of months of educational assistance that may be provided to any member under this chapter is 36 (or the equivalent thereof in part time educational assistance). ‘‘(2)(A) Notwithstanding any other provision of this chapter or chapter 36 of title 38, any payment of an educational assistance allowance described in subparagraph (B) shall not— ‘‘(i) be charged against the entitlement of any individual under this chapter; or ‘‘(ii) be counted toward the aggregate period for which section 3695 of title 38 limits an individual’s receipt of assist ance. ‘‘(B) The payment of the educational assistance allowance referred to in subparagraph (A) is the payment of such an allowance to the individual for pursuit of a course or courses under this chapter if the Secretary of Veterans Affairs finds that the individual— ‘‘(i) had to discontinue such course pursuit as a result of being ordered to serve on active duty under section 12301(a), 12301(d), 12301(g), 12302, or 12304 of this title; and ‘‘(ii) failed to receive credit or training time toward comple tion of the individual’s approved educational, professional, or vocational objective as a result of having to discontinue, as described in clause (i), the individual’s course pursuit. ‘‘(C) The period for which, by reason of this subsection, an educational assistance allowance is not charged against entitlement or counted toward the applicable aggregate period under section 3695 of title 38 shall not exceed the portion of the period of enroll ment in the course or courses for which the individual failed to

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