Page:United States Statutes at Large Volume 122.djvu/2394

 12 2 STA T . 2 37 1 PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 200 8‘ ‘ (g)COM M ENC EMEN T O FUS E .—Adep e n den t t owh o m ent i t l e - ment to ed uca tional a s sistance is t r ans f erred under this section ma y not commence the use of the transferred entitlement until— ‘‘( 1 ) in the case of entitlement transferred to a spouse , the completion b y the indi v idual ma k ing the transfer of at least— ‘‘(A) si x years of service in the armed forces or ‘‘( B ) the years of service as determined in regulations pursuant to subsection ( j ); or ‘‘( 2 ) in the case of entitlement transferred to a child, both— ‘‘(A) the completion by the individual making the transfer of at least— ‘‘(i) ten years of service in the armed forces; or ‘‘(ii) the years of service as determined in regula- tions pursuant to subsection (j); and ‘‘(B) either— ‘‘(i) the completion by the child of the re q uirements of a secondary school diploma (or equivalency certifi- cate); or ‘‘(ii) the attainment by the child of 1 8 years of age. ‘‘(h) A D D I TION AL ADMINIST R ATI V E M ATTERS.— ‘‘(1) USE.— T he use of any entitlement to educational assist- ance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one month for each month of transferred entitlement that is used. ‘‘(2) N AT U RE OF TRANSFERRED ENTITLEMENT.— E xcept as provided under subsection (e)(2) and subject to paragraphs ( 5 )and( 6 )— ‘‘(A) in the case of entitlement transferred to a spouse under this section, the spouse is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred; or ‘‘(B) in the case of entitlement transferred to a child under this section, the child is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty. ‘‘( 3 ) R ATE OF P A Y MENT.—The monthly rate of educational assistance payable to a dependent to whom entitlement referred to in paragraph (2) is transferred under this section shall be payable— ‘‘(A) in the case of a spouse, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer; or ‘‘(B) in the case of a child, at the same rate as such entitlement would otherwise be payable under this chapter to the individual making the transfer as if the individual were not on active duty. ‘‘( 4 ) D EAT H OF TRANSFEROR.—The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. ‘‘(5) L IMITATION ON A G EOFUSE B Y CHILD TRANSFEREES.— A child to whom entitlement is transferred under this section

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