Page:United States Statutes at Large Volume 94 Part 1.djvu/1163

 PUBLIC LAW 96-342—SEPT. 8, 1980

94 STAT. 1113

provided such person. The amount of a subsistence allowance under this section is $300 per month, adjusted in accordance with section 2145 of this title, in the case of a person pursuing a course of instruction on a full-time basis and is one-half of such amount (as so adjusted) in the case of a person pursuing a course of instruction on less than a full-time basis. "(b) The number of months for which a subsistence allowance may be provided to any person under this section is computed on the basis of nine months for each standard academic year of educational assistance to which such person is entitled. "(c) For purposes of subsection (a), a person shall be considered to be pursuing a course of instruction on a full-time basis if the person is enrolled in twelve or more semester hours of instruction (or the equivalent, as determined by the Secretary concerned). "§2145. Adjustments of amount of educational assistance and of subsistence allowance "(a) Once each year, the Secretary of Defense shall adjust the amount of educational assistance which may be provided to any person in any standard academic year under section 2143 of this title, and the amount of the subsistence allowance authorized under section 2144 of this title for pursuit of a course of instruction on a fulltime basis, in a manner consistent with the change over the preceding twelve-month period in the average actual cost of attendance at public institutions of higher education. "(b) In this section, 'actual cost of attendance' means the actual cost of attendance as determined by the Secretary of Education pursuant to section 411(a)(2)(B)(iv) of the Higher Education Act of 1965 (20 U.S.C. 1070a(a)(2)(B)(iv)). "§2146. Right of member upon subsequent reenlistment to lumpsum payment in lieu of educational assistance "(a) A member who is entitled to educational assistance under this chapter and who reenlists at the end of the enlistment which established such entitlement may, at the time of such reenlistment, elect to receive a lump-sum payment computed under subsection (b) in lieu of receiving such educational assistance. An election to receive such a lump-sum payment is irrevocable. "(b) The amount of a lump-sum payment under subsection (a) is 60 percent of the sum of— "(1) the product of (A) the rate for educational assistance under section 2143(b) of this title applicable to such member which is in effect at the time of such reenlistment, and (B) the number of standard academic years of entitlement of such member to such assistance; and "(2) the product of (A) the rate for the subsistence allowance authorized under section 2144 of this title for pursuit of a course of instruction on a full-time basis at the time of such reenlistment, and (B) the number of months of entitlement of such member to such allowance. "§2147. Right of member after reenlisting to transfer entitlement to spouse or dependent children "(a)(1) A person who is entitled to educational assistance under section 2142 of this title and who reenlisted in an armed force at any time atter the end of the enlistment which established such entitlement may at any time after such reenlistment elect to transfer all or any part of such entitlement to the spouse or dependent child of such

Full-time basis.

lo use 2145.

"Actual cost of attendance." lo use 2146.

lo use 2i47

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