§3327 Election to Receive Educational Assistance

Summary

You can choose to switch to Post-9/11 educational benefits if, as of August 1, 2009, you had or were eligible for certain military education benefits (from chapter 30 or from title 10 chapters 107, 1606, or 1607), including members who were paying into the GI Bill or who had made an earlier election that affected entitlement. You must meet the rules for Post-9/11 benefits when you make the choice. If you were paying GI Bill contributions, those payments stop starting the first month that begins on or after your election. If you had transferred some unused months of your old benefit to a dependent, you can take back all or part of any unused months; any months you take back go to you for Post-9/11 use, and months you do not take back stay with the dependent. When you switch, your months of Post-9/11 entitlement equal your unused months under chapter 30 plus any months you revoked from a transfer. If a particular old benefit is not offered under the Post-9/11 program, you can still use that old benefit, but each month you use it counts as one month against your Post-9/11 entitlement. If you had paid into the GI Bill, you get an extra payment added to your last monthly Post-9/11 stipend. That extra amount equals the total you paid times (remaining months you have, including any revoked transfer months) divided by 36, and it is paid with your last monthly stipend before your entitlement runs out. If you had special increased or supplemental education pay at the time you switched, you keep an equivalent amount when you use Post-9/11 benefits. Starting January 1, 2017, if you make no election or the Secretary believes your choice clearly hurts you, the Secretary may pick an option for you that is in your best interest. The Secretary must tell you within 7 days and give you a 30-day period after you get that notice to change or cancel the Secretary’s choice, explaining why that choice is better. Once you make an election under the main switch rule or you revoke transferred months, that election cannot be changed.