10 USC 16163a – Authority to transfer unused education benefits to family members
(a)
Terms Used In 10 USC 16163a
- Dependent: A person dependent for support upon another.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
(b)
(1) six years of service in the armed forces and enters into an agreement to serve at least four more years as a member of the armed forces; or
(2) the years of service as determined in regulations pursuant to subsection (j).
(c)
(1) To 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)
(e)
(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 effective for each dependent designated under paragraph (1).
(f)
(2) A member transferring entitlement under this section may modify or revoke 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 Veterans 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)
(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—
(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 regulations pursuant to subsection (j); and
(B) either—
(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate); or
(ii) the attainment by the child of 18 years of age.
(h)
(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 assistance 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 16162 and 16162a 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) Notwithstanding section 16164(a)(2), a child to whom entitlement is transferred under this section may use the benefit without regard to the 10-year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years.
(6) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions.
(7) 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 secondary school diploma (or equivalency certificate).
(i)
(1)
(2)
(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual—
(A) by reason of the death of the individual; or
(B) for a reason referred to in section 16133(b).
(j)
(2) Such regulations shall specify—
(A) the manner of authorizing the transfer of entitlements under this section;
(B) the eligibility criteria in accordance with subsection (b); and
(C) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f)(2).
(k)