Page:United States Statutes at Large Volume 122.djvu/2399

 12 2 STA T . 2 376PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 200 8(i) i sent it l e d t oba si c ed u cational assistance unde r c h a p ter 30 o f title 3 8,U nited S tates C ode, and has used, but retains unused, entitle m ent under that chapter (ii) is entitled to educational assistance under chapter 1 0 7 ,1 6 06, or 1607 of title 10, United States Code, and has used, but retains unused, entitlement under the applicable chapter; (iii) is entitled to basic educational assistance under chapter 30 of title 38, United States Code, but has not used an y entitlement under that chapter; (i v ) is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10, United States Code, but has not used any entitlement under such chapter; (v) is a member of the A rmed F orces w ho is eli g ible for receipt of basic educational assistance under chapter 30 of title 38, United States Code, and is ma k ing contributions toward such assistance under section 3011(b) or 301 2 (c) of such title; or (vi) is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of title 38, United States Code, by reason of an election under section 3011(c)(1) or 3012(d)(1) of such title; and ( B ) as of the date of the individual ’ s election under this paragraph, meets the re q uirements for entitlement to educational assistance under chapter 33 of title 38, United States Code (as so added) . (2) C ES S ATION O F CONT R I BU TIONS T O W AR DG IBI L L. —E ffec - tive as of the first month beginning on or after the date of an election under paragraph (1) of an individual described by subparagraph (A)(v) of that paragraph, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of title 38, United States Code, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual. (3) R E V O C ATION OF RE M AININ G TRANSFERRED ENTITLE- MENT.— (A) ELECTION TO REVO K E.— I f, on the date an individual described in subparagraph (A)(i) or (A)(iii) of paragraph (1) makes an election under that paragraph, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of title 38, United States Code, is in effect and a number of months of the entitlement so transferred remain unutili z ed, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized. (B) AVAILABILIT Y OF REVOKED ENTITLEMENT.—Any entitlement revoked by an individual under this paragraph 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 title 38, United States Code (as so added), in accordance with the provisions of this subsection. (C) AVAILABILITY OF UNREVOKED ENTITLEMENT.—Any entitlement described in subparagraph (A) that is not Ef f ectiv e da te .

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