Page:United States Statutes at Large Volume 122.djvu/2393

 12 2 STA T . 2 370PUBLIC LA W 110 – 2 5 2 —J U NE 30, 200 8isent it l e d t o ed uca tional assistance unde r t h is cha p ter to elect to trans f ertooneor m ore of the dependents specified in su b section ( c ) a portion of such indi v idual ’ s entitlement to such assistance , sub j ect to the limitation under subsection (d) .‘ ‘(b) ELIG I B L EIND I V ID UA L S . —A n individual referred to in sub - section (a) is an y member of the Armed F orces w ho, at the time of the approval of the individual’s re q uest to transfer entitlement to educational assistance under this section, has completed at least— ‘‘( 1 )si x years of service in the armed forces and enters into an a g reement to serve at least four more years as a member of the Armed Forces or ‘‘( 2 ) the years of service as determined in regulations pursu- ant to section ( k ). ‘‘(c) ELIGIBLE D E P ENDEN T S.—An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual’s entitlement as follows

‘‘(1) T o the individual’s spouse. ‘‘(2) To one or more of the individual’s children. ‘‘( 3 ) To a combination of the individuals referred to in paragraphs (1) and (2). ‘‘(d) L I M ITATI O NON M ONT H SO F T R ANSFER.—The total number of months of entitlement transferred by a individual under this section may not exceed 3 6 months. The S ecretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 1 8 months. ‘‘(e) DESIGNATION OF TRANSFEREE.—An individual transferring an entitlement to 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 dependent; and ‘‘(3) specify the period for which the transfer shall be effec- tive for each dependent designated under paragraph (1). ‘‘(f) TIME FOR TRANSFER; R EVO C ATION AND MODIFICATION.— ‘‘(1) TIME FOR TRANSFER.—Subject to the time limitation for use of entitlement under section 3321 an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. ‘‘(2) MODIFICATION OR REVOCATION.— ‘‘(A) IN GENERAL.—An individual transferring entitle- ment under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. ‘‘( B ) N OTICE.—The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of V eterans Affairs. ‘‘(3) P ROHIBITION ON TREATMENT OF TRANSFERRED ENTITLE- MENT AS MARITAL PROPERT Y .—Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.

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