--- kind: "section" citation: "38 C.F.R. § 21.7636" title: "38" number: "21.7636" heading: "Rates of payment." url: "https://uscodex.org/cfr/38/21.7636" --- # §21.7636. Rates of payment. - (a) **Monthly rate of educational assistance.** VA will publish the monthly rates of basic educational assistance payable under this section on the GI Bill education and training website each time there is an increase in the rates. - (1) **Institutional training.** Except as otherwise provided in this section or in [§ 21.7639](/cfr/38/21.7639.md), the monthly rate of basic educational assistance payable to a reservist pursuing institutional training will be the applicable rate provided in [10 U.S.C. 16131(b)(1)](/usc/10/16131.md?p=b-1), as increased each fiscal year in accordance with [10 U.S.C. 16131(b)(2)](/usc/10/16131.md?p=b-2). The rate of pursuit will be determined in accordance with [§ 21.4270](/cfr/38/21.4270.md). - (2) **Apprenticeship and other on-the-job training.** - (i) The monthly rate of basic educational assistance payable to a reservist pursuing apprenticeship or other on-the-job training will be a percentage of the full-time rate determined in [paragraph (a)(1)](#a-1) of this section. In accordance with [10 U.S.C. 16131(d)(1)](/usc/10/16131.md?p=d-1), VA will determine the monthly rate payable by multiplying the full-time monthly rate payable to the reservist by the applicable percentage based on the reservist's training period as follows: - (ii) Full-time training will consist of the number of hours which constitute the standard workweek of the training establishment, but not less than 30 hours unless a lesser number of hours is established as the standard workweek for the particular establishment through bona fide collective bargaining between employers and employees. - (3) **Cooperative training.** The monthly rate of basic educational assistance payable to a reservist pursuing cooperative training will be equal to the applicable full-time monthly rate determined in [paragraph (a)(1)](#a-1) of this section. - (b) **Increase (“kicker”) in educational assistance rates.** - (1) The Secretary of the military department concerned may increase the amount of educational assistance stated in [paragraph (a)](#a) of this section that is payable to a reservist who has a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, or, in the case of critical units, retain personnel. - (2) **The Secretary of the military department concerned—** - (i) Will set the amount of the increase (“kicker”) for full-time training, but the increase (“kicker”) may not exceed $350 per month; and - (ii) May set the amount of the increase (“kicker”) payable, for a reservist pursuing a program of education less than full time or pursuing an apprenticeship or other on-job training, at an amount less than the amount described in [paragraph (b)(2)(i)](#b-2-i) of this section. - (c) **Limitations on payments.** VA may withhold final payment until VA receives proof of the reservist's enrollment and adjusts the reservist's account. ## Notes ### Amendments [61 FR 29305, June 10, 1996, as amended at 62 FR 27964, May 22, 1997; 62 FR 55520, Oct. 27, 1997; 62 FR 66278, Dec. 18, 1997; 64 FR 26297, May 14, 1999; 65 FR 59127, Oct. 4, 2000; 65 FR 60499, Oct. 11, 2000; 66 FR 38937, July 26, 2001; 67 FR 6655, Feb. 13, 2002; 68 FR 42978, July 21, 2003; 69 FR 62205, Oct. 25, 2004; 72 FR 39563, July 19, 2007; 84 FR 22373, May 17, 2019] ### Authority Authority: 10 U.S.C. ch. 1606; 38 U.S.C. 501(a), 512, ch. 36, and as noted in specific sections. ### Source Source: 53 FR 34740, Sept. 8, 1988, unless otherwise noted. ### Amendments [61 FR 29305, June 10, 1996, as amended at 62 FR 27964, May 22, 1997; 62 FR 55520, Oct. 27, 1997; 62 FR 66278, Dec. 18, 1997; 64 FR 26297, May 14, 1999; 65 FR 59127, Oct. 4, 2000; 65 FR 60499, Oct. 11, 2000; 66 FR 38937, July 26, 2001; 67 FR 6655, Feb. 13, 2002; 68 FR 42978, July 21, 2003; 69 FR 62205, Oct. 25, 2004; 72 FR 39563, July 19, 2007; 84 FR 22373, May 17, 2019]