Page:United States Statutes at Large Volume 122.djvu/2401

 12 2 STA T . 2 378PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 2008 UnitedS t a te sCo de ( as so added ), asa m ont hly sti p end paya b le u nde r para g raph ( 1 )( B )o f se c tion 3 313(c) of such title, or under paragraphs ( 2 ) through ( 7 ) of that section (as applicable), shall be the amount other w ise payable as a monthly stipend under the applicable paragraph increased by the amount e q ual to — (i) the total amount of contributions toward basic educational assistance made by the indi v idual under section 3 0 11(b) or 3012(c) of title 3 8, United States Code, as of the date of the election, multiplied by (ii) the fraction— ( I ) the numerator of which is— (aa) the number of months of entitlement to basic educational assistance under chapter 30 of title 38, United States Code, remaining to the individual at the time of the election plus (bb) the number of months, if any, of entitlement under such chapter 30 revo k ed by the individual under paragraph (3)( A ); and (II) the denominator of which is 3 6 months . (B) MONTHS O FREMAI NIN G ENTIT L EMENT FOR C ERTAIN IN D I V ID U ALS.—In the case of an individual covered by subparagraph (A) who is described by paragraph (1)(A)(v), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of subparagraph (A)(ii)(I)(aa) shall be 36 months. (C) T IMING OF P A Y MENT.—The amount payable with respect to an individual under subparagraph (A) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under para - graph (1)(B) of section 3313(c) of title 38, United States Code (as so added), or under paragraphs (2) through (7) of that section (as applicable), before the e x haustion of the individual ’ s entitlement to educational assistance under chapter 33 of such title (as so added). (7) CONTINUING E NTITLEMENT TO ADDITIONAL ASSISTANCE FOR CRITICAL S K ILLS OR SPECIALITY AND ADDITIONAL SERVICE.—An individual making an election under paragraph (1)(A) who, at the time of the election, is entitled to increased educational assistance under section 301 5 (d) of title 38, United States Code, or section 16131(i) of title 10, United States Code, or supplemental educational assistance under subchapter III of chapter 30 of title 38, United States Code, shall remain entitled to such increased educational assistance or supple- mental educational assistance in the utili z ation of entitlement to educational assistance under chapter 33 of title 38, United States Code (as so added), in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supple- mental educational assistance payable with respect to the indi- vidual at the time of the election. (8) IRREVOCA B ILITY OF ELECTIONS.—An election under paragraph (1) or (3)(A) is irrevocable. (d) EFFECTIVE D ATE.—This section and the amendments made by this section shall take effect on August 1, 200 9 . 10USC 1 6 16 3note.

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