Page:United States Statutes at Large Volume 122.djvu/2400

 12 2 STA T . 2 37 7 PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 200 8revok e dbyani ndivid u a l ina c cordance w i th that s ub p ara -g raph shall re m ain available to the dependent or depend- ents concerned in accordance with the current trans f er of such entitlement under section 302 0oftitle3 8,U nited S tates C ode .(4)POST - 9/1 1 EDUCA T I O N A LA SSISTANC E . — (A) I N G ENE R AL.—Sub j ect to subparagraph ( B ) and e x cept as provided in paragraph ( 5 ), an individual making an election under paragraph (1) shall be entitled to edu- cational assistance under chapter 33 of title 38, United States Code (as so added), in accordance with the provisions of such chapter, instead of basic educational assistance under chapter 30 of title 38, United States Code, or edu- cational assistance under chapter 10 7 ,1 6 06, or 1607 of title 10, United States Code, as applicable. (B) L I M ITATION ON ENTITLEMENT F OR CERTAIN INDI V ID- UALS.—In the case of an individual making an election under paragraph (1) who is described by subparagraph (A)(i) of that paragraph, the number of months of entitle- ment of the individual to educational assistance under chapter 33 of title 38, United States Code (as so added), shall be the number of months e q ual to— (i) the number of months of unused entitlement of the individual under chapter 30 of title 38, United States Code, as of the date of the election, plus (ii) the number of months, if any, of entitlement revoked by the individual under paragraph (3)(A). (5) CONTINUING ENTITLEMENT TO EDUCATIONAL ASSISTANCE N OT AVAILA B LE UNDER 9 / 1 1 ASSISTANCE PROGRAM.— (A) IN GENERAL.—In the event educational assistance to which an individual making an election under paragraph (1) would be entitled under chapter 30 of title 38, United States Code, or chapter 107, 1606, or 1607 of title 10, United States Code, as applicable, is not authori z ed to be available to the individual under the provisions of chapter 33 of title 38, United States Code (as so added), the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter. (B) C H ARGE FOR USE OF ENTITLEMENT.— T he utilization by an individual of entitlement under subparagraph (A) shall be chargeable against the entitlement of the indi- vidual to educational assistance under chapter 33 of title 38, United States Code (as so added), at the rate of one month of entitlement under such chapter 33 for each month of entitlement utilized by the individual under subpara- graph (A) (as determined as if such entitlement were uti- lized under the provisions of chapter 30 of title 38, United States Code, or chapter 107, 1606, or 1607 of title 10, United States Code, as applicable). (6) ADDITIONAL POST-9/11 ASSISTANCE FOR M EMBERS H AVING MADE CONTRIBUTIONS TO W ARD G I BILL.— (A) ADDITIONAL ASSISTANCE.—In the case of an indi- vidual making an election under paragraph (1) who is described by clause (i), (iii), or (v) of subparagraph (A) of that paragraph, the amount of educational assistance payable to the individual under chapter 33 of title 38,

�