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Post-9/11 Educational Assistance Enhancement Act

H.R. 3514 · 113th Congress · Nov 15, 2013 · Lineage

A BILL

To amend title 38, United States Code, to expand the authority of veterans to transfer entitlement to Post-9/11 Educational Assistance to dependents.

1. Short title

This Act may be cited as the “Post-9/11 Educational Assistance Enhancement Act”.

2. Expansion of authority of veterans to transfer entitlement to Post-9/11 Educational Assistance to dependents

(a)
Transfer authorized— Subsection (b) of section 3319 of title 38, United States Code, is amended—
(1)
in the matter preceding paragraph (1), by inserting “or a former member described in paragraph (3), as the case may be,” after “services”;
(2)
in paragraph (1)—
(A)
by inserting “with respect to a member of the uniformed services,” before “six years”; and
(B)
by striking “or”;
(3)
in paragraph (2)—
(A)
by inserting “with respect to a member of the uniformed services,” before “the years”; and
(B)
by striking the period and inserting “; or”; and
(4)
by adding at the end the following new paragraph:

“(3) with respect to a former member who is entitled to retired pay by reason of service in the uniformed services (or would be so entitled but for the fact that the member has not attained a certain age), the years of service as determined in regulations pursuant to subsection (j).”

(b)
Time for Transfer— Subsection (f)(1) of such section is amended to read as follows:

“(1) Time for Transfer

“(A) Members—Subject to the time limitation for use of entitlement under section 3321, an individual described in paragraph (1) or (2) of subsection (b) who is approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Armed Forces when the transfer is executed.

“(B) Former members—Subject to the time limitation for use of entitlement under section 3321, an individual described in subsection (b)(3) who is approved to transfer entitlement to educational assistance under this section may transfer such entitlement only during the five-year period beginning on the date of the last discharge or release of the individual from the uniformed services.”

(c)
Effective date— The amendments made by this Act shall take effect as if included in the enactment of the Post-9/11 Veterans Educational Assistance Act of 2008 (title V of Public Law 110–252).