Page:United States Statutes at Large Volume 122.djvu/2405

 12 2 STA T . 2 38 2 PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 2008 education a l a s sistance unde r t h is section m a y trans f er such entitle - ment at any time after the a p pro v al of the mem b er ’ sre q uest to transfer such entitlement .‘ ‘ (2)A member transferrin g entitlement under this section may modify or revo k e at any time the transfer of any unused portion of the entitlement so transferred. T he modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of w ritten notice of the action to both the S ecretary concerned and the Secretary of V eterans Affairs. ‘‘( 3 ) E ntitlement transferred under this section may not be treated as marital property , or the asset of a marital estate, sub j ect to division in a divorce or other civil proceeding. ‘‘(g) COM M ENC EMEN T O FUS E. — A dependent to whom entitle- ment to basic educational assistance is transferred under this sec- tion may not commence the use of the transferred entitlement until— ‘‘( 1 ) in the case of entitlement transferred to a spouse, the completion by the member making 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 member 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 requirements 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) The use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the member making the transfer at the rate of one month for each month of transferred entitlement that is used. ‘‘(2) Except as provided under subsection (e)(2) and subject to paragraphs ( 5 )and( 6 ), a dependent to whom entitlement is transferred under this section is entitled to basic educational assist- ance under this chapter in the same manner as the member from whom the entitlement was transferred. ‘‘(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 16131 and 16131a to the member making the transfer. ‘‘( 4 ) The death of a member transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. ‘‘(5) The involuntary separation or retirement of the member— ‘‘(A) because of a nondiscretionary provision of law for age or years of service; ‘‘(B) because of a policy prescribed by the Secretary con- cerned mandating such separation or retirement based solely on age or years of service for the prescribed pay grade of an enlisted member; Notice.

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