§16162a — Title 10 Armed Forces | U.S. Code

§16162a Accelerated Payment of Educational Assistance

Title 10 › Subtitle Subtitle E— Reserve Components › Part IV— TRAINING FOR RESERVE COMPONENTS AND EDUCATIONAL ASSISTANCE PROGRAMS › Chapter 1607— EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND CERTAIN OTHER OPERATIONS › § 16162a

Last updated Apr 3, 2026|Official source

Summary

Lets eligible reserve members choose to get part of their education benefit paid up front for certain short programs. To qualify, a member must be in a reserve component with education benefits, be enrolled in an approved program that is no longer than two years and does not lead to a college degree, and be charged tuition and fees so that the monthly cost is more than 200% of the normal monthly benefit. The up-front amount paid is the smaller of 60% of the program’s established charges or the total benefit money the member has left. “Established charges” means the tuition and fees a non-benefit student would pay (counted per term or for the whole program as appropriate) and does not include vehicle purchase costs. The school must tell the VA the student’s enrollment and the established charges, and the VA must pay by the last day of the month after it gets that certification. The up-front payment uses up months of the member’s benefit by dividing the payment by the full-time monthly rate at the start of the enrollment (and the charge is prorated if that monthly rate goes up later). The VA will make rules about requests, payments, receipts, and recovering overpayments. Total accelerated payments for these short programs cannot exceed $3,000,000 in any fiscal year.

Title 10, §16162a

Armed Forces — Source: USLM XML via OLRC

(a)The educational assistance allowance payable under section 16162 of this title with respect to an eligible member described in subsection (b) may, upon the election of such eligible member, be paid on an accelerated basis in accordance with this section.

(b)An eligible member described in this subsection is a member of a reserve component entitled to educational assistance under this chapter who is—

(1)enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and

(2)charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the member under section 16162 of this title.

(c)(1)The amount of the accelerated payment of educational assistance payable with respect to an eligible member making an election under subsection (a) for a program of education shall be the lesser of—

(A)the amount equal to 60 percent of the established charges for the program of education; or

(B)the aggregate amount of educational assistance allowance to which the member remains entitled under this chapter at the time of the payment.

(2)(A)In this subsection, except as provided in subparagraph (B), the term “established charges”, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:

(i)In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.

(ii)In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.

(B)In this subsection, the term “established charges” does not include any fees or payments attributable to the purchase of a vehicle.

(3)The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible member under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.

(d)An accelerated payment of educational assistance allowance made with respect to an eligible member under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding—

(1)the member’s enrollment in and pursuit of the program of education; and

(2)the amount of the established charges for the program of education.

(e)(1)Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible member under this section, the member’s entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the member under section 16162 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.

(2)If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible member under section 16162 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the member’s entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.

(f)The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.

(g)The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $3,000,000.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–181, div. A, title V, § 528(b)(3), Jan. 28, 2008, 122 Stat. 109, provided that: “The

Amendments

made by this subsection [enacting this section] shall take effect on October 1, 2008, and shall only apply to initial enrollments in approved programs of education after such date.”