§3233 — Title 38 Veterans' Benefits | U.S. Code

Summary

If someone in a full-time apprenticeship or on-the-job training gets monthly benefits, their pay is cut by time in the program. For the first six months they get 75% of their normal monthly benefit. For the next six months they get 55%. After the first 12 months they get 35%. If in any month they do less than 120 hours of training, the payment is reduced in proportion to the hours they did, using hours rounded to the nearest 8. Each month a payment is made it uses up part of the person's benefit time. Payments at 75%, 55%, and 35% count as 0.75, 0.55, and 0.35 of a month of benefit time. If the month’s hours are under 120, the amount of benefit time used is cut the same way the payment is cut.

Title 38, §3233

Veterans' Benefits — Source: USLM XML via OLRC

(a)Except as provided in subsection (b) of this section, the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—

(1)for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter;

(2)for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly benefit payment; and

(3)for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment.

(b)In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this section as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.

(c)For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of—

(1)75 percent of a month in the case of payments made in accordance with subsection (a)(1) of this section;

(2)55 percent of a month in the case of payments made in accordance with subsection (a)(2) of this section; and

(3)35 percent of a month in the case of payments made in accordance with subsection (a)(3) of this section.

(d)For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under subsection (c) of this section shall be reduced in the same proportion as the monthly benefit payment payable is reduced under subsection (b) of this section.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1991—Pub. L. 102–83 renumbered section 1633 of this title as this section. 1989—Subsec. (d). Pub. L. 101–237 added subsec. (d).

Statutory Notes and Related Subsidiaries

Increase in Benefit for Individuals Pursuing Apprenticeship or On-Job Training; Post-Vietnam Era Veterans’ Educational Assistance Pub. L. 108–454, title I, § 103(b), Dec. 10, 2004, 118 Stat. 3600, provided that: “For months beginning on or after

October 1, 2005, and before

January 1, 2008, subsection (a) of section 3233 of title 38, United States Code, shall be applied as if— “(1) the reference to ‘75 percent’ in paragraph (1) were a reference to ‘85 percent’; “(2) the reference to ‘55 percent’ in paragraph (2) were a reference to ‘65 percent’; and “(3) the reference to ‘35 percent’ in paragraph (3) were a reference to ‘45 percent’.”

§3233 Apprenticeship or other on-job training