§3327 — Title 38 Veterans' Benefits | U.S. Code

Summary

You can choose to switch to the education benefits under chapter 33 if, as of August 1, 2009, you already had or were eligible for certain other VA education programs (chapter 30 or the title 10 programs in chapters 107, 1606, 1607), whether you used some months or none. Members who were paying into chapter 30 under sections 3011(b) or 3012(c), or who lost chapter 30 entitlement because of a prior election under those sections, may also elect chapter 33. You must meet chapter 33’s rules on the date you make the choice. If you elect chapter 33, any required contributions stop starting the first month after your election. If you had transferred unused months to a dependent, you may take back some or all of those unused months for your own chapter 33 use; months you don’t take back stay with the dependent. Your chapter 33 months equal your unused months (plus any months you revoked from a transfer). If some benefits you would get under the old program are not available under chapter 33, you keep the old benefit but any months used there count against your chapter 33 months at a one-for-one rate. If you paid into chapter 30, chapter 33 gives a one-time extra payment based on your total contributions multiplied by the fraction of your remaining months over 36; for some contributors that fraction uses 36 months. If you had extra or supplemental payments before the switch, you keep an equivalent amount under chapter 33. Since January 1, 2017, if the Secretary thinks your choice is clearly against your interests or you fail to choose, the Secretary may pick for you, but must tell you within 7 days and give you 30 days to change or cancel that choice. Your original election or a revocation of a transfer is final and cannot be undone.

Title 38, §3327

Veterans' Benefits — Source: USLM XML via OLRC

(a)An individual may elect to receive educational assistance under this chapter if such individual—

(1)as of August 1, 2009—

(A)is entitled to basic educational assistance under chapter 30 of this title and has used, but retains unused, entitlement under that chapter;

(B)is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 and has used, but retains unused, entitlement under the applicable chapter;

(C)is entitled to basic educational assistance under chapter 30 of this title but has not used any entitlement under that chapter;

(D)is entitled to educational assistance under chapter 107, 1606, or 1607 of title 10 but has not used any entitlement under such chapter;

(E)is a member of the Armed Forces who is eligible for receipt of basic educational assistance under chapter 30 of this title and is making contributions toward such assistance under section 3011(b) or 3012(c) of this title; or

(F)is a member of the Armed Forces who is not entitled to basic educational assistance under chapter 30 of this title by reason of an election under section 3011(c)(1) or 3012(d)(1) of this title; and

(2)as of the date of the individual’s election under this paragraph, meets the requirements for entitlement to educational assistance under this chapter.

(b)Effective as of the first month beginning on or after the date of an election under subsection (a) of an individual described by paragraph (1)(E) of that subsection, the obligation of the individual to make contributions under section 3011(b) or 3012(c) of this title, as applicable, shall cease, and the requirements of such section shall be deemed to be no longer applicable to the individual.

(c)(1)If, on the date an individual described in paragraph (1)(A) or (1)(C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to basic educational assistance under section 3020 of this title is in effect and a number of months of the entitlement so transferred remain unutilized, the individual may elect to revoke all or a portion of the entitlement so transferred that remains unutilized.

(2)Any entitlement revoked by an individual under this subsection shall no longer be available to the dependent to whom transferred, but shall be available to the individual instead for educational assistance under chapter 33 of this title in accordance with the provisions of this section.

(3)Any entitlement described in paragraph (1) that is not revoked by an individual in accordance with that paragraph shall remain available to the dependent or dependents concerned in accordance with the current transfer of such entitlement under section 3020 of this title.

(d)(1)Subject to paragraph (2) and except as provided in subsection (e), an individual making an election under subsection (a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of basic educational assistance under chapter 30 of this title, or educational assistance under chapter 107, 1606, or 1607 of title 10, as applicable.

(2)In the case of an individual making an election under subsection (a) who is described by paragraph (1)(A) of that subsection, the number of months of entitlement of the individual to educational assistance under this chapter shall be the number of months equal to—

(A)the number of months of unused entitlement of the individual under chapter 30 of this title, as of the date of the election, plus

(B)the number of months, if any, of entitlement revoked by the individual under subsection (c)(1).

(e)(1)In the event educational assistance to which an individual making an election under subsection (a) would be entitled under chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable, is not authorized to be available to the individual under the provisions of this chapter, the individual shall remain entitled to such educational assistance in accordance with the provisions of the applicable chapter.

(2)The utilization by an individual of entitlement under paragraph (1) shall be chargeable against the entitlement of the individual to educational assistance under this chapter at the rate of 1 month of entitlement under this chapter for each month of entitlement utilized by the individual under paragraph (1) (as determined as if such entitlement were utilized under the provisions of chapter 30 of this title, or chapter 107, 1606, or 1607 of title 10, as applicable).

(f)(1)In the case of an individual making an election under subsection (a) who is described by subparagraph (A), (C), or (E) of paragraph (1) of that subsection, the amount of educational assistance payable to the individual under this chapter as a monthly stipend payable under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) 11 See References in Text note below. of that section (as applicable), shall be the amount otherwise payable as a monthly stipend under the applicable paragraph increased by the amount equal to—

(A)the total amount of contributions toward basic educational assistance made by the individual under section 3011(b) or 3012(c) of this title, as of the date of the election, multiplied by

(B)the fraction—

(i)the numerator of which is—

(I)the number of months of entitlement to basic educational assistance under chapter 30 of this title remaining to the individual at the time of the election; plus

(II)the number of months, if any, of entitlement under chapter 30 of this title revoked by the individual under subsection (c)(1); and

(ii)the denominator of which is 36 months.

(2)In the case of an individual covered by paragraph (1) who is described by subsection (a)(1)(E), the number of months of entitlement to basic educational assistance remaining to the individual for purposes of paragraph (1)(B)(i)(II) shall be 36 months.

(3)The amount payable with respect to an individual under paragraph (1) shall be paid to the individual together with the last payment of the monthly stipend payable to the individual under paragraph (1)(B) of section 3313(c) of this title, or under paragraphs (2) through (7) 1 of that section (as applicable), before the exhaustion of the individual’s entitlement to educational assistance under this chapter.

(g)An individual making an election under subsection (a)(1) who, at the time of the election, is entitled to increased educational assistance under section 3015(d) of this title, or section 16131(i) of title 10, or supplemental educational assistance under subchapter III of chapter 30 of this title, shall remain entitled to such increased educational assistance or supplemental educational assistance in the utilization of entitlement to educational assistance under this chapter, in an amount equal to the quarter, semester, or term, as applicable, equivalent of the monthly amount of such increased educational assistance or supplemental educational assistance payable with respect to the individual at the time of the election.

(h)(1)In the case of an individual who, on or after January 1, 2017, submits to the Secretary an election under this section that the Secretary determines is clearly against the interests of the individual, or who fails to make an election under this section, the Secretary may make an alternative election on behalf of the individual that the Secretary determines is in the best interests of the individual.

(2)If the Secretary makes an election on behalf of an individual under this subsection, the Secretary shall notify the individual by not later than seven days after making such election and shall provide the individual with a 30-day period, beginning on the date of the individual’s receipt of such notice, during which the individual may modify or revoke the election made by the Secretary on the individual’s behalf. The Secretary shall include, as part of such notice, a clear statement of why the alternative election made by the Secretary is in the best interests of the individual as compared to the election submitted by the individual. The Secretary shall provide the notice required under this paragraph by electronic means whenever possible.

(i)An election under subsection (a) or (c)(1) is irrevocable.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Paragraph (7) of section 3313(c) of this title, referred to in subsec. (f)(1), (3), was repealed by Pub. L. 115–48, title I, § 105(b), Aug. 16, 2017, 131 Stat. 975.

Prior Provisions

Provisions similar to those comprising this section were contained in Pub. L. 110–252, title V, § 5003(c), June 30, 2008, 122 Stat. 2375, which was formerly set out as a note under section 3301 of this title prior to repeal by Pub. L. 114–315, title IV, § 405(c), Dec. 16, 2016, 130 Stat. 1558.

§3327 Election to Receive Educational Assistance