Page:United States Statutes at Large Volume 122.djvu/2404

 12 2 STA T . 2 38 1 PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 2008 ‘ ‘ (1)theman ne rof a u thor iz in g the mi l itar yd e p artment s to offer transfer of entitlements under this se c tion ‘‘( 2 ) the eligi b ility criteria in accordance w ith subsection (b); ‘‘( 3 ) the limitations on the amount of entitlement eligible to be transferred; and ‘‘( 4 ) the manner and effect of an election to modify or re v o k e a transfer of entitlement under subsection (f)(2) .’ ’. (b) AUTHORI T Y TO T R ANSFE R M ONT G O M ERY GIB I L L FOR THE S ELE C TE DR ESER V E BENEFITS TO A D E P ENDENT. —C hapter 1 60 6of title 10 ,U nited States Code, is amended by inserting after section 16132 the following

‘ §16 1 32a.Authori t y to tra nsfe r unuse d edu c ation b enefits to fa m i l y members ‘‘(a) IN GENERAL.—Sub j ect to regulation prescribed by the Sec - retary of Defense, the Secretary concerned may permit a member described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such member’s entitlement to such assistance, subject to the limitation under subsection (d). ‘‘(b) E LIGI B LE MEMBERS.—A member referred to in subsection (a) is a member of the Selected Reserve of the Ready Reserve who, at the time of the approval of the member’s re q uest to transfer entitlement to basic educational assistance under this section, has completed— ‘‘(1) at least si x years of service in the Selected Reserve and enters into an agreement to service 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 subsection (j). ‘‘(c) ELIGIBLE DEPENDENTS.—A member approved to transfer an entitlement to basic educational assistance under this section may transfer the member’s entitlement as follows: ‘‘(1) To the member’s spouse. ‘‘(2) To one or more of the member’s children. ‘‘(3) To a combination of the individuals referred to in paragraphs (1) and (2). ‘‘(d) L IMITATION ON MONTHS OF TRANSFER.—The total number of months of entitlement transferred by a member under this section may not exceed 36 months. The Secretary 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.—A member transferring an entitlement to basic 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; REVOCATION AND MODIFICATION.— (1) Subject to the time limitation for use of entitlement under section 16133, a member approved to transfer entitlement to basic Regulations.

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