Page:United States Statutes at Large Volume 122.djvu/2407

 12 2 STA T . 2 384PUBLIC LA W 11 0– 2 5 2 —J U NE 30, 2008 ofsuchme m b e r’ se nti t l ement to such a ssistance , sub j ect to the limitation un d er subsection ( d ).‘ ‘(b) ELIG I B L EM E M BE RS . —A member referred to in subsection (a) is a member of the armed forces w ho, at the time of the a p pro v al of the member’s re q uest to transfer entitlement to basic educational assistance under this section, has completed at least— ‘‘( 1 )si xy ears of service in the armed forces and enters into an a g reement to serve 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 section (j). ‘‘(c) ELIGIBLE D E P E ND EN T S.—A member approved to transfer an entitlement to basic educational assistance under this section may transfer the member’s entitlement as follows

‘‘(1) T o 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 IMIT A TI O N ON MONT H SO F TRANSFER.—The total number of months of entitlement transferred by a member under this section may not exceed 3 6 months. The S ecretary 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; R E V O C ATION AND MODIFICATION.— (1) Subject to the time limitation for use of entitlement under section 1616 4, a member approved to transfer entitlement to basic educational assistance under this section may transfer such entitle- ment only while serving as a member of the armed forces when the transfer is executed. ‘‘(2) A member transferring entitlement under this section may modify or revo k e at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of V eterans Affairs. ‘‘(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding. ‘‘(g) C OMMENCEMENT OF U SE.—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) six 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— Notice.

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