Page:United States Statutes at Large Volume 123.djvu/1538

 123STA T . 1 5 1 8PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9(c),and (d) sh a l la p pl yto th e des ig nated indi v id u al in lieu o f the individual w ho is eligi b le to r eceive the national service educational award or silver scholar educational award, e x cept that a m ounts refunded to the account under subsection (c)( 5 ) on behalf of a designated individual may be used by the C or - poration to fund additional placements in the national service program in which the eligible individual who transferred the national service educational award or silver scholar educational award participated for such award .‘ ‘( 2 )C ONDIT ION SF O R TR A NSF E R. —A n educational award may be transferred under this subsection if— ‘‘(A)(i) the award is a national service educational award for service in a national service program that receives a grant under subtitle C and ‘‘(ii) before beginning the term of service involved, the eligible individual is age 55 or older; or ‘‘( B ) the award is a silver scholarship educational award under section 198 C(a). ‘‘( 3 ) M ODIFI C ATION OR RE V OCATION.— ‘‘(A) I N G ENERA L .—An individual transferring an edu- cational award under this subsection may, on any date on which a portion of the educational award remains unused, modify or revo k e the transfer of the educational award with respect to that portion. ‘‘(B) N OTICE.—A modification or revocation of the transfer of an educational award under this paragraph shall be made by the submission of written notice to the Corporation. ‘‘( 4 ) P RO H I B ITION ON TREAT M ENT OF TRANSFERRED A W ARD AS MARITAL P ROPERT Y .—An educational award transferred under this subsection 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. ‘‘(5) D EATH OF TRANSFEROR.— T he death of an individual transferring an educational award under this subsection shall not affect the use of the educational award by the child, foster child, or grandchild to whom the educational award is trans- ferred if such educational award is transferred prior to the death of the individual. ‘‘( 6 ) PROCED U RES TO PREVENT WASTE, FRAUD, OR ABUSE.— The Corporation shall establish re q uirements to prevent waste, fraud, or abuse in connection with the transfer of an educational award and to protect the integrity of the educational award under this subsection. ‘‘( 7 ) TECHNICAL ASSISTANCE.—The Corporation may, as appropriate, provide technical assistance, to individuals and eligible entities carrying out national service programs, con- cerning carrying out this subsection. ‘‘(8) DEFINITION OF A DESIGNATED INDIVIDUAL.—In this sub- section, the term ‘designated individual ’ is an individual— ‘‘(A) whom an individual who is eligible to receive a national service educational award or silver scholar edu- cational award due to service in a program described in paragraph (2) designates to receive the educational award; ‘‘(B) who meets the eligibility requirements of para- graphs (3) and (4) of section 146(a); and