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10 U.S.C. § 16131a — Accelerated payment of educational assistance

submitted 18 years ago by Pub. L. 110-181 to r/title-10-ARMED-FORCES · 811 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets eligible reservists get education benefits paid upfront for short, non-degree programs. The lump sum equals the lesser of 60% of program charges or their remaining benefit balance. Total accelerated payments are capped at $4,000,000 per year.

(a) The educational assistance allowance payable under section 16131 to an eligible person described in subsection (b) can, if that person chooses, be paid on an accelerated basis (a lump sum instead of monthly payments) following the rules in this section.

(b) A person is eligible for this if they qualify for educational assistance under this chapter and are: enrolled in an approved program lasting two years or less that does not lead to an associate, bachelor's, master's, or other degree (subject to the cap in subsection (g)); and charged tuition and fees that, divided by the months in the enrollment period, come to more than 200% of the normal monthly rate they'd otherwise get under section 16131.

(c)
(1) The accelerated payment equals whichever is smaller: 60% of the program's "established charges," or the total amount of benefit the person still has left under this chapter.
(2)(A) "Established charges" normally means the actual tuition and fees (as VA regulations define them) that a similarly situated person not eligible for this chapter's benefits would pay for the program — measured as the charge for a full term, quarter, or semester if the program runs that way, or the charge for the whole program if it doesn't. (B) "Established charges" never includes fees for buying a vehicle.
(3) The school must certify to the VA Secretary what the established charges actually are.

(d) The accelerated payment must go out no later than the end of the month after the VA Secretary receives the school's certification of the person's enrollment and the program's established charges.

(e)
(1) Except as paragraph (2) says, each accelerated payment uses up the person's entitlement at a rate found by dividing the payment amount by the full-time monthly rate that applied at the start of the enrollment period.
(2) If the monthly rate goes up during the enrollment period, the entitlement charge gets split proportionally between the time covered by the old rate and the time covered by the new rate, following VA regulations.

(f) The VA Secretary must write regulations to run this section, covering how to request, issue, deliver, certify receipt and use of, and recover overpayments of, an accelerated payment — and may borrow relevant pieces of the regulations for the similar program under section 3014A of title 38.

(g) Total accelerated payments under this section, across everyone using the two-year-or-less program described in subsection (b)(1), cannot exceed $4,000,000 in any fiscal year.

the actual law source: uscode.house.gov ↗public domain
(a)

The educational assistance allowance payable under section 16131 of this title with respect to an eligible person described in subsection (b) may, upon the election of such eligible person, be paid on an accelerated basis in accordance with this section.

(b)

An eligible person described in this subsection is a person entitled to educational assistance under this chapter who is—

(1)

enrolled in an approved program of education not exceeding two years in duration and not leading to an associate, bachelors, masters, or other degree, subject to subsection (g); and

(2)

charged tuition and fees for the program of education that, when divided by the number of months (and fractions thereof) in the enrollment period, exceeds the amount equal to 200 percent of the monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title.

(c)
(1)

The amount of the accelerated payment of educational assistance payable with respect to an eligible person making an election under subsection (a) for a program of education shall be the lesser of—

(A)

the amount equal to 60 percent of the established charges for the program of education; or

(B)

the aggregate amount of educational assistance allowance to which the person remains entitled under this chapter at the time of the payment.

(2)
(A)

In this subsection, except as provided in subparagraph (B), the term “established charges”, in the case of a program of education, means the actual charges (as determined pursuant to regulations prescribed by the Secretary of Veterans Affairs) for tuition and fees which similarly circumstanced individuals who are not eligible for benefits under this chapter and who are enrolled in the program of education would be required to pay. Established charges shall be determined on the following basis:

(i)

In the case of an individual enrolled in a program of education offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the term, quarter, or semester.

(ii)

In the case of an individual enrolled in a program of education not offered on a term, quarter, or semester basis, the tuition and fees charged the individual for the entire program of education.

(B)

In this subsection, the term “established charges” does not include any fees or payments attributable to the purchase of a vehicle.

(3)

The educational institution providing the program of education for which an accelerated payment of educational assistance allowance is elected by an eligible person under subsection (a) shall certify to the Secretary of Veterans Affairs the amount of the established charges for the program of education.

(d)

An accelerated payment of educational assistance allowance made with respect to an eligible person under this section for a program of education shall be made not later than the last day of the month immediately following the month in which the Secretary of Veterans Affairs receives a certification from the educational institution regarding—

(1)

the person’s enrollment in and pursuit of the program of education; and

(2)

the amount of the established charges for the program of education.

(e)
(1)

Except as provided in paragraph (2), for each accelerated payment of educational assistance allowance made with respect to an eligible person under this section, the person’s entitlement to educational assistance under this chapter shall be charged the number of months (and any fraction thereof) determined by dividing the amount of the accelerated payment by the full-time monthly rate of educational assistance allowance otherwise payable with respect to the person under section 16131 of this title as of the beginning date of the enrollment period for the program of education for which the accelerated payment is made.

(2)

If the monthly rate of educational assistance allowance otherwise payable with respect to an eligible person under section 16131 of this title increases during the enrollment period of a program of education for which an accelerated payment of educational assistance allowance is made under this section, the charge to the person’s entitlement to educational assistance under this chapter shall be determined by prorating the entitlement chargeable, in the manner provided for under paragraph (1), for the periods covered by the initial rate and increased rate, respectively, in accordance with regulations prescribed by the Secretary of Veterans Affairs.

(f)

The Secretary of Veterans Affairs shall prescribe regulations to carry out this section. The regulations shall include requirements, conditions, and methods for the request, issuance, delivery, certification of receipt and use, and recovery of overpayment of an accelerated payment of educational assistance allowance under this section. The regulations may include such elements of the regulations prescribed under section 3014A of title 38 as the Secretary of Veterans Affairs considers appropriate for purposes of this section.

(g)

The aggregate amount of educational assistance payable under this section in any fiscal year for enrollments covered by subsection (b)(1) may not exceed $4,000,000.

Source credit: (Added Pub. L. 110–181, div. A, title V, § 528(a)(1), Jan. 28, 2008, 122 Stat. 105.)

history & why it existsrecord from the source credit
  • 2008Enacted · Pub. L. 110-181 · 122 Stat. 105

A history note hasn’t been published yet. The record shows enactment by Pub. L. 110-181 on 2008-01-28.

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