Page:United States Statutes at Large Volume 122.djvu/2406

 12 2 STA T . 2 38 3 PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 2008 ‘ ‘ (C)unders e ctio n 16 1 3 3( b ) or ‘‘( D ) bec a use o fm edica l dis q ualification wh ich is not the result of g ross negligence or misconduct of the member , shall not affect the use of entitlement b y the de p endent to whom the entitlement is transferred . ‘‘(6) A child to whom entitlement is transferred under this section may not use any entitlement so transferred after attaining the age of 2 6 years. ‘‘( 7 ) T he administrati v e provisions of this chapter shall apply to the use of entitlement transferred under this section, e x cept that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions. ‘‘( 8 ) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a sec - ondary school diploma (or equivalency certificate). ‘‘(i) OVERPAYM E NT . — (1) I n the event of an overpayment of basic educational assistance with respect to a dependent to whom entitle- ment is transferred under this section, the dependent and the member ma k ing the transfer shall be j ointly and severally liable to the U nited S tates for the amount of the overpayment for purposes of section 368 5 of title 38. ‘‘(2) E xcept as provided in paragraph (3), if a member ’ s whose eligibility is terminated under section 1613 4 (2), the amount of any transferred entitlement under this section that is used by a dependent of the member as of the date of such termination shall be treated as an overpayment of basic educational assistance under paragraph (1). ‘‘(3) P aragraph (2) shall not apply in the case of a member who fails to complete service agreed to by the member— ‘‘(A) by reason of the death of the member; or ‘‘( B ) for a reason referred to in section 16133(b). ‘‘(j) R E GUL AT IO N S .—The Secretary of Defense, in consultation with the Secretary of V eterans Affairs, shall prescribe regulations for purposes of this section. Such regulations shall specify— ‘‘(1) the manner of authori z ing the military departments to offer transfer of entitlements under this section; ‘‘(2) the eligibility criteria in accordance with subsection (b); ‘‘(3) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2); and ‘‘(4) the manner in which the provisions referred to in subsections (h)(4) and (5) shall be administered with respect to a dependent to whom entitlement is transferred under this section.’’. (c) AUT H ORITY TO TRANS F ER RESERVE E D U C ATIONAL ASSISTANCE PROGRAM BENEFITS TO A DEPENDENT.—Chapter 16 0 7 of such title is amended by inserting after section 16163 the following

‘ §16 16 3a.Authori t y to tra nsfe r unuse d edu c ation b enefits to fa m i l y members ‘‘(a) IN G ENERAL.—Subject to the provisions of this section, the Secretary concerned may permit, at such Secretary’s sole discre- tion, 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 Ap p licab ili ty.

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