---
kind: "section"
citation: "38 U.S.C. § 3327"
title: "38"
title_heading: "Veterans’ Benefits"
number: "3327"
heading: "Election to receive educational assistance"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/3327"
units:
  - "Part III — Readjustment and Related Benefits"
  - "Chapter 33 — Post–9/11 Educational Assistance"
  - "Subchapter III — Administrative Provisions"
---

# §3327. Election to receive educational assistance

- (a) **Individuals Eligible To Elect Participation in Post-9/11 Educational Assistance.—** 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](/usc/38/3002.md?p=1) under [chapter 30](/usc/38/chptIII/ch30.md) of this title and has used, but retains unused, entitlement under that chapter;
    - (B) is entitled to educational assistance under chapter [107](/usc/10/chstA/ptIII/ch107.md), [1606](/usc/10/chstE/ptIV/ch1606.md), or [1607](/usc/10/chstE/ptIV/ch1607.md) of title 10 and has used, but retains unused, entitlement under the applicable chapter;
    - (C) is entitled to [basic educational assistance](/usc/38/3002.md?p=1) under [chapter 30](/usc/38/chptIII/ch30.md) of this title but has not used any entitlement under that chapter;
    - (D) is entitled to educational assistance under chapter [107](/usc/10/chstA/ptIII/ch107.md), [1606](/usc/10/chstE/ptIV/ch1606.md), or [1607](/usc/10/chstE/ptIV/ch1607.md) of title 10 but has not used any entitlement under such chapter;
    - (E) is a member of the [Armed Forces](/usc/38/101.md?p=10) who is eligible for receipt of [basic educational assistance](/usc/38/3002.md?p=1) under [chapter 30](/usc/38/chptIII/ch30.md) of this title and is making contributions toward such assistance under section [3011(b)](/usc/38/3011.md?p=b) or [3012(c)](/usc/38/3012.md?p=c) of this title; or
    - (F) is a member of the [Armed Forces](/usc/38/101.md?p=10) who is not entitled to [basic educational assistance](/usc/38/3002.md?p=1) under [chapter 30](/usc/38/chptIII/ch30.md) of this title by reason of an election under section [3011(c)(1)](/usc/38/3011.md?p=c-1) or [3012(d)(1)](/usc/38/3012.md?p=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) **Cessation of Contributions Toward GI Bill.—** Effective as of the first month beginning on or after the date of an election under [subsection (a)](#a) of an individual described by [paragraph (1)(E)](#a-1-E) of that subsection, the obligation of the individual to make contributions under section [3011(b)](/usc/38/3011.md?p=b) or [3012(c)](/usc/38/3012.md?p=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) **Revocation of Remaining Transferred Entitlement.—**
  - (1) **Election to revoke.—** If, on the date an individual described in paragraph [(1)(A)](#a-1-A) or [(1)(C)](#a-1-C) of subsection (a) makes an election under that subsection, a transfer of the entitlement of the individual to [basic educational assistance](/usc/38/3002.md?p=1) under [section 3020 of this title](/usc/38/3020.md) 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) **Availability of revoked entitlement.—** Any entitlement revoked by an individual under this subsection shall no longer be available to the [dependent](/usc/38/3452.md?p=d) to whom transferred, but shall be available to the individual instead for educational assistance under [chapter 33](/usc/38/chptIII/ch33.md) of this title in accordance with the provisions of this section.
  - (3) **Availability of unrevoked entitlement.—** Any entitlement described in [paragraph (1)](#c-1) that is not revoked by an individual in accordance with that paragraph shall remain available to the [dependent](/usc/38/3452.md?p=d) or [dependents](/usc/38/3452.md?p=d) concerned in accordance with the current transfer of such entitlement under [section 3020 of this title](/usc/38/3020.md).
- (d) **Post-9/11 Educational Assistance.—**
  - (1) **In general.—** Subject to [paragraph (2)](#d-2) and except as provided in [subsection (e)](#e), an individual making an election under [subsection (a)](#a) shall be entitled to educational assistance under this chapter in accordance with the provisions of this chapter, instead of [basic educational assistance](/usc/38/3002.md?p=1) under [chapter 30](/usc/38/chptIII/ch30.md) of this title, or educational assistance under chapter [107](/usc/10/chstA/ptIII/ch107.md), [1606](/usc/10/chstE/ptIV/ch1606.md), or [1607](/usc/10/chstE/ptIV/ch1607.md) of title 10, as applicable.
  - (2) **Limitation on entitlement for certain individuals.—** In the case of an individual making an election under [subsection (a)](#a) who is described by [paragraph (1)(A)](#a-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](/usc/38/chptIII/ch30.md) 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)](#c-1).
- (e) **Continuing Entitlement to Educational Assistance Not Available Under Post-9/11 Educational Assistance Program.—**
  - (1) **In general.—** In the event educational assistance to which an individual making an election under [subsection (a)](#a) would be entitled under [chapter 30](/usc/38/chptIII/ch30.md) of this title, or chapter [107](/usc/10/chstA/ptIII/ch107.md), [1606](/usc/10/chstE/ptIV/ch1606.md), or [1607](/usc/10/chstE/ptIV/ch1607.md) 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) **Charge for use of entitlement.—** The utilization by an individual of entitlement under [paragraph (1)](#e-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)](#e-1) (as determined as if such entitlement were utilized under the provisions of [chapter 30](/usc/38/chptIII/ch30.md) of this title, or chapter [107](/usc/10/chstA/ptIII/ch107.md), [1606](/usc/10/chstE/ptIV/ch1606.md), or [1607](/usc/10/chstE/ptIV/ch1607.md) of title 10, as applicable).
- (f) **Additional Post-9/11 Assistance for Members Having Made Contributions Toward GI Bill.—**
  - (1) **Additional assistance.—** In the case of an individual making an election under [subsection (a)](#a) who is described by subparagraph [(A)](#f-1-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](/usc/38/3313.md?p=c), or under paragraphs [(2)](#f-2) through (7)[^1] 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](/usc/38/3002.md?p=1) made by the individual under section [3011(b)](/usc/38/3011.md?p=b) or [3012(c)](/usc/38/3012.md?p=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](/usc/38/3002.md?p=1) under [chapter 30](/usc/38/chptIII/ch30.md) 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](/usc/38/chptIII/ch30.md) of this title revoked by the individual under [subsection (c)(1)](#c-1); and
      - (ii) the denominator of which is 36 months.
  - (2) **Months of remaining entitlement for certain individuals.—** In the case of an individual covered by [paragraph (1)](#f-1) who is described by [subsection (a)(1)(E)](#a-1-E), the number of months of entitlement to [basic educational assistance](/usc/38/3002.md?p=1) remaining to the individual for purposes of [paragraph (1)(B)(i)(II)](#f-1-B-i-II) shall be 36 months.
  - (3) **Timing of payment.—** The amount payable with respect to an individual under [paragraph (1)](#f-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](/usc/38/3313.md?p=c), or under paragraphs [(2)](#f-2) through (7)[^1] of that section (as applicable), before the exhaustion of the individual’s entitlement to educational assistance under this chapter.
- (g) **Continuing Entitlement to Additional Assistance for Critical Skills or Specialty and Additional Service.—** An individual making an election under [subsection (a)(1)](#a-1) who, at the time of the election, is entitled to increased educational assistance under [section 3015(d) of this title](/usc/38/3015.md?p=d), or [section 16131(i) of title 10](/usc/10/16131.md?p=i), or [supplemental educational assistance](/usc/38/3002.md?p=2) under subchapter III of [chapter 30](/usc/38/chptIII/ch30.md) of this title, shall remain entitled to such increased educational assistance or [supplemental educational assistance](/usc/38/3002.md?p=2) 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](/usc/38/3002.md?p=2) payable with respect to the individual at the time of the election.
- (h) **Alternative Election by Secretary.—**
  - (1) **In general.—** In the case of an individual who, on or after January 1, 2017, submits to the [Secretary](/usc/38/4101.md?p=8) an election under this section that the [Secretary](/usc/38/4101.md?p=8) determines is clearly against the interests of the individual, or who fails to make an election under this section, the [Secretary](/usc/38/4101.md?p=8) may make an alternative election on behalf of the individual that the [Secretary](/usc/38/4101.md?p=8) determines is in the best interests of the individual.
  - (2) **Notice.—** If the [Secretary](/usc/38/4101.md?p=8) makes an election on behalf of an individual under this subsection, the [Secretary](/usc/38/4101.md?p=8) 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](/usc/38/4303.md?p=8), during which the individual may modify or revoke the election made by the [Secretary](/usc/38/4101.md?p=8) on the individual’s behalf. The [Secretary](/usc/38/4101.md?p=8) shall include, as part of such [notice](/usc/38/4303.md?p=8), a clear statement of why the alternative election made by the [Secretary](/usc/38/4101.md?p=8) is in the best interests of the individual as compared to the election submitted by the individual. The [Secretary](/usc/38/4101.md?p=8) shall provide the [notice](/usc/38/4303.md?p=8) required under this paragraph by electronic means whenever possible.
- (i) **Irrevocability of Elections.—** An election under subsection [(a)](#a) or [(c)(1)](#c-1) is irrevocable.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Added Pub. L. 114–315, title IV, § 405(a), Dec. 16, 2016, 130 Stat. 1555.)

## Notes

### 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.