United States Code (Last Updated: May 24, 2014) |
Title 38. VETERANS’ BENEFITS |
Part III. READJUSTMENT AND RELATED BENEFITS |
Chapter 34. VETERANS’ EDUCATIONAL ASSISTANCE |
SubChapter IV. PAYMENTS TO ELIGIBLE VETERANS; VETERAN-STUDENT SERVICES |
§ 3482. Computation of educational assistance allowances
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(a) (1) Except as provided in subsection (b), (c), or (g) of this section, or section 3687 of this title, while pursuing a program of education under this chapter of half-time or more, each eligible veteran shall be paid the monthly educational assistance allowance set forth in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the applicable type of program as shown in column I: Column I
Column
II
Column
III
Column
IV
Column V
Type of
program
No
dependents
One
dependent
Two
dependents
More than
two
dependents
The amount in column IV, plus the following for each dependent in excess of two:
Institutional training:
Full-time
$376
$448
$510
$32
Three-quarter time
283
336
383
24
Half-time
188
224
255
17
Cooperative
304
355
404
23
(2) A “cooperative” program, other than a “farm cooperative” program, means a full-time program of education which consists of institutional courses and alternate phases of training in a business or industrial establishment with the training in the business or industrial establishment being strictly supplemental to the institutional portion. (b) The educational assistance allowance of an individual pursuing a program of education— (1) while on active duty, or (2) on less than a half-time basis, shall be computed at the rate of (A) the established charges for tuition and fees which the institution requires similarly circumstanced nonveterans enrolled in the same program to pay, or (B) $376 per month for a full-time course, whichever is the lesser. An individual’s entitlement shall be charged for institutional courses on the basis of the applicable monthly training time rate as determined under section 3688 of this title. (c) (1) An eligible veteran who is enrolled in an educational institution for a “farm cooperative” program consisting of institutional agricultural courses prescheduled to fall within 44 weeks of any period of 12 consecutive months and who pursues such program on— (A) a full-time basis (a minimum of ten clock hours per week or four hundred and forty clock hours in such year prescheduled to provide not less than eighty clock hours in any three-month period), (B) a three-quarter-time basis (a minimum of 7 clock hours per week), or (C) a half-time basis (a minimum of 5 clock hours per week), shall be eligible to receive an educational assistance allowance at the appropriate rate provided in the table in paragraph (2) of this subsection, if such eligible veteran is concurrently engaged in agricultural employment which is relevant to such institutional agricultural courses as determined under standards prescribed by the Secretary. In computing the foregoing clock hour requirements there shall be included the time involved in field trips and individual and group instruction sponsored and conducted by the educational institution through a duly authorized instructor of such institution in which the veteran is enrolled. (2) The monthly educational assistance allowance of an eligible veteran pursuing a farm cooperative program under this chapter shall be paid as set forth in column II, III, IV, or V (whichever is applicable as determined by the veteran’s dependency status) opposite the basis shown in column I: Column I
Column
II
Column
III
Column
IV
Column V
Basis
No
dependents
One
dependent
Two
dependents
More than
two
dependents
The amount in column IV, plus the following for each dependent in excess of two:
Full-time
$304
$355
$404
$23
Three-quarter time
228
266
303
18
Half-time
152
178
202
12
(d) (1) Notwithstanding the prohibition in section 3471 of this title prohibiting enrollment of an eligible veteran in a program of education in which such veteran has “already qualified,” a veteran shall be allowed up to six months of educational assistance (or the equivalent thereof in part-time assistance) for the pursuit of refresher training to permit such veteran to update such veteran’s knowledge and skills and to be instructed in the technological advances which have occurred in such veteran’s field of employment during and since the period of such veteran’s active military service. (2) A veteran pursuing refresher training under this subsection shall be paid an educational assistance allowance based upon the rate prescribed in the table in subsection (a)(1) or in subsection (c)(2) of this section, whichever is applicable. (3) The educational assistance allowance paid under the authority of this subsection shall be charged against the period of entitlement the veteran has earned pursuant to section 3461(a) of this title. (e) The educational assistance allowance of an eligible veteran pursuing an independent study program which leads to a standard college degree shall be computed at the rate provided in subsection (b) of this section. If the entire training is to be pursued by independent study, the amount of such veteran’s entitlement to educational assistance under this chapter shall be charged in accordance with the rate at which the veteran is pursuing the independent study program but at not more than the rate at which such entitlement is charged for pursuit of such program on less than a half-time basis. In any case in which independent study is combined with resident training, the educational assistance allowance shall be paid at the applicable institutional rate based on the total training time determined by adding the number of semester hours (or the equivalent thereof) of resident training to the number of semester hours (or the equivalent thereof) of independent study that do not exceed the number of semester hours (or the equivalent thereof) required for the less than half-time institutional rate, as determined by the Secretary, for resident training. A veteran’s entitlement shall be charged for a combination of independent study and resident training on the basis of the applicable monthly training time rate as determined under section 3688 of this title. (f) The educational assistance allowance of an eligible veteran pursuing a course by open circuit television shall be computed in the same manner that such allowance is computed under subsection (e) of this section for an independent study program. (g) (1) Subject to the provisions of paragraph (2) of this subsection, the amount of the educational assistance allowance paid to an eligible veteran who is pursuing a program of education under this chapter while incarcerated in a Federal, State, local, or other penal institution or correctional facility for conviction of a felony may not exceed such amount as the Secretary determines, in accordance with regulations which the Secretary shall prescribe, is necessary to cover the cost of established charges for tuition and fees required of similarly circumstanced nonveterans enrolled in the same program and to cover the cost of necessary supplies, books, and equipment, or the applicable monthly educational assistance allowance prescribed for a veteran with no dependents in subsection (a)(1) or (c)(2) of this section or section 3687(b)(1) of this title, whichever is the lesser. The amount of the educational assistance allowance payable to a veteran while so incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Secretary) or under any State or local program. (2) Paragraph (1) of this subsection shall not apply in the case of any veteran who is pursuing a program of education under this chapter while residing in a halfway house or participating in a work-release program in connection with such veteran’s conviction of a felony. (h) (1) Subject to paragraph (3), the amount of educational assistance payable under this chapter for a licensing or certification test described in section 3452(b) of this title is the lesser of $2,000 or the fee charged for the test. (2) The number of months of entitlement charged in the case of any individual for such licensing or certification test is equal to the number (including any fraction) determined by dividing the total amount paid to such individual for such test by the full-time monthly institutional rate of the educational assistance allowance which, except for paragraph (1), such individual would otherwise be paid under this chapter. (3) In no event shall payment of educational assistance under this subsection for such a test exceed the amount of the individual’s available entitlement under this chapter.
Prior Provisions
Provisions similar to those comprising subsecs. (a), (b)(2), (c)(1), and (c)(2) of this section were contained in Pub. L. 85–857,
Amendments
2006—Subsec. (g)(1). Pub. L. 109–461 substituted “local, or other penal institution or correctional facility” for “or local penal institution”.
2000—Subsec. (h). Pub. L. 106–419 added subsec. (h).
1996—Subsec. (f). Pub. L. 104–275 struck out “in part” after “pursuing a course”.
1991—Pub. L. 102–83, § 5(a), renumbered section 1682 of this title as this section.
Subsec. (a)(1). Pub. L. 102–83, § 5(c)(1), substituted “3687” for “1787”.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3688” for “1788” in last sentence.
Subsec. (d)(1), (3). Pub. L. 102–83, § 5(c)(1), substituted “3471” for “1671” in par. (1) and “3461(a)” for “1661(a)” in par. (3).
Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3688” for “1788”.
Subsec. (g)(1). Pub. L. 102–83, § 5(c)(1), substituted “3687(b)(1)” for “1787(b)(1)”.
1989—Subsecs. (c)(1), (e), (g)(1). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1984—Subsec. (a)(1). Pub. L. 98–543, § 202(1), increased the monthly educational assistance allowance for eligible veterans in column II from $342, $257, $171, and $276 to $376, $283, $188 and $304; in column III from $407, $305, $204 and $323 to $448, $336, $224 and $355; in column IV from $464, $348, $232, and $367 to $510, $383, $255, and $404; in column V from $29, $22, $15 and $21 to $32, $24, $17, and $23, respectively.
Subsec. (b). Pub. L. 98–543, § 202(2), substituted “$376” for “$342”.
Subsec. (c)(2). Pub. L. 98–543, § 202(3), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $276, $207, and $138 to $304, $228 and $152; in column III from $323, $242 and $162 to $355, $266 and $178; in column IV from $367, $275 and $184 to $404, $303 and $202; in column V from $21, $16 and $11 to $23, $18 and $12, respectively.
1983—Subsec. (c)(1)(C). Pub. L. 98–160 inserted a comma after “hours per week)”.
1982—Subsec. (a)(1). Pub. L. 97–306, § 204(1), substituted “(c), or (g)” for “or (c)” after “subsection (b),”.
Subsec. (e). Pub. L. 97–306, § 204(2), substituted provision that the amount of such veteran’s entitlement to educational assistance under this chapter shall be charged in accordance with the rate at which the veteran is pursuing the independent study program but at not more than the rate at which such entitlement is charged for pursuit of such program on less than a half-time basis for provision that the entitlement would be charged at one-half of the full-time institutional rate.
Subsec. (g)(1). Pub. L. 97–306, § 205(b)(1), inserted provision that the amount of the educational assistance allowance payable to a veteran while incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Administrator) or under any State or local program.
Subsec. (g)(2). Pub. L. 97–306, § 205(b)(2), inserted “not” after “shall”, and struck out “if the Administrator determines that all the veteran’s living expenses are being defrayed by a Federal, State, or local government” at the end.
1981—Subsec. (a)(1). Pub. L. 97–35 struck out reference to section 1677 of this title.
1980—Subsec. (a)(1). Pub. L. 96–466, § 211(2), increased the monthly educational assistance allowance for eligible veterans in column II from $327, $245, $164, and $264 to $342, $257, $171, and $276; in column III from $389, $292, $195, and $309 to $407, $305, $204, and $323; in column IV from $443, $332, $222, and $351 to $464, $348, $232, and $367; in column V from $27, $20, and $14 to $29, $22, and $15, respectively.
Pub. L. 96–466, § 201(2), increased the monthly educational assistance allowance for eligible veterans in column II from $311, $233, $156, and $251 to $327, $245, $164, and $264; in column III from $370, $277, $185, and $294 to $389, $292, $195, and $309; in column IV from $422, $317, $211, and $334 to $443, $332, $222, and $351; in column V from $26, $19, $13, and $19 to $27, $20, $14, and $21, respectively.
Subsec. (b). Pub. L. 96–466, § 211(3), substituted “$342” for “$327”.
Pub. L. 96–466, § 201(3), substituted “$327” for “$311”.
Pub. L. 96–466, § 308, inserted provision that an individual’s entitlement be charged for institutional courses on the basis of the applicable monthly training time rate as determined under section 1788 of this title.
Subsec. (c)(2). Pub. L. 96–466, § 211(4), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $264, $198, and $132 to $276, $207, and $138; in column III from $309, $232, and $155 to $323, $242, and $162; in column IV from $351, $263, and $176 to $367, $275, and $184; in column V from $20, $15, and $10 to $21, $16, and $11, respectively.
Pub. L. 96–466, § 201(4), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $251, $188, and $126 to $264, $198, and $132; in column III from $294, $221, and $147 to $309, $232, and $155; in column IV from $334, $251, and $167 to $351, $263, and $176; in column V from $19 to $20, respectively.
Subsec. (e). Pub. L. 96–466, § 309, substituted reference to the rate provided in subsec. (b) of this section for reference to the rate provided in subsec. (b)(2) of this section, inserted provision that if the entire training be pursued by independent study, entitlement be charged at one-half of the full-time institutional rate, substituted provisions relating to the payment of the educational assistance allowance in any case in which independent study is combined with resident training for provisions relating to the maximum allowance in those cases where independent study is combined with resident training and the resident training constitutes the major portion of such training, and inserted provision that a veteran’s entitlement be charged for a combination of independent study and resident training on the basis of the applicable monthly training time rate as determined under section 1788 of this title.
Subsec. (f). Pub. L. 96–466, § 310, added subsec. (f).
Subsec. (g). Pub. L. 96–466, § 602(a), added subsec. (g).
1977—Subsec. (a)(1). Pub. L. 95–202, § 102(2), increased the monthly educational assistance allowance for eligible veterans in column II from $292, $219, $146, and $235 to $311, $233, $156, and $251; in column III from $347, $260, $174, and $276 to $370, $277, $185, and $294; in column IV from $396, $297, $198, and $313 to $422, $317, $211, and $334; in column V from $24, $18, $12, and $18 to $26, $19, $13, and $19, respectively.
Subsec. (b). Pub. L. 95–202, § 102(3), substituted “$311” for “$292”.
Subsec. (c)(2). Pub. L. 95–202, § 102(4), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $235, $176, and $118 to $251, $188, and $126; in column III from $276, $207, and $138 to $294, $221, and $147; in column IV from $313, $235, and $157 to $334, $251, and $167; in column V from $18, $14, and $9 to $19, $15, and $10, respectively.
1976—Subsec. (a)(1). Pub. L. 94–502, § 201(1), increased the monthly educational assistance allowance for eligible veterans in column II from $270, $203, $135, and $217 to $292, $219, $146 and $235; in column III from $321, $240, $160, and $255 to $347, $260, $174, and $276; in column IV from $366, $275, $182, and $289 to $396, $297, $198, and $313; in column V from $22, $17, $11, and $17 to $24, $18, $12, and $18, respectively.
Subsec. (b). Pub. L. 94–502, § 201(2), substituted “$292” for “$270”.
Subsec. (c)(2). Pub. L. 94–502, § 201(3), increased the monthly educational assistance allowance for eligible veterans pursuing a farm cooperative program in column II from $217, $163, and $109 to $235, $176, and $118; in column III from $255, $191, and $128 to $276, $207 and $138; in column IV from $289, $218, and $145 to $313, $235, and $157; in column V from $17, and $13 to $18, and $14, respectively.
Subsec. (e). Pub. L. 94–502, § 207, added subsec. (e).
1975—Subsec. (b). Pub. L. 93–602 substituted “$270” for “$260”.
1974—Subsec. (a)(1). Pub. L. 93–508, § 102(2), increased the monthly educational assistance allowance for eligible veterans in column II from $220, $165, $110, and $177 to $270, $203, $135, and $217; in column III from $261, $196, $131, and $208 to $321, $240, $160, and $255; in column IV from $298, $224, $149, and $236 to $366, $275, $182, and $289; and in column V from $18, $14, $9, and $14 to $22, $17, $11, and $17, respectively.
Subsec. (b). Pub. L. 93–508, § 102(3), substituted “$260” for “$220”.
Subsec. (c)(2). Pub. L. 93–508, § 102(4), increased the educational assistance allowance rates for eligible veterans pursuing a farm cooperative program in column II from $177, $133, and $89 to $217, $163, and $109; in column III from $208, $156, and $104 to $255, $191, and $128; in column IV from $236, $177, and $118 to $289, $218, and $145; and in column V from $14, $11, and $7 to $17, $13, and $9 respectively.
Subsec. (d). Pub. L. 93–508, § 204, added subsec. (d).
1972—Subsec. (a)(1), Pub. L. 92–540, §§ 102(2), 401(4), substituted references to subsec. (c) of this section and section 1787 of this title for references to subsec. (c)(1) or (d) of this section and section 1683 of this title, respectively, and increased the monthly educational assistance allowance for eligible veterans in column II from $175, $128, $81, and $141 to $220, $165, $110, and $177; in column III from $205, $152, $100, and $167 to $261, $196, $131, and $208; in column IV from $230, $177, $114, and $192 to $298, $224, $149, and $236; and in column V from $13, $10, $7, and $10 to $18, $14, $9, and $14, respectively.
Subsec. (b). Pub. L. 92–540, §§ 102(3), 401(5), substituted “$220” for “$175”, and struck out provisions relating to payment of the educational assistance allowance provided by this subsection and the educational assistance allowance provided by section 1696(b) of this title.
Subsecs. (c), (d). Pub. L. 92–540, §§ 102(4), 303, struck out subsec. (c) which related to the computation of the educational assistance allowance of an eligible veteran pursuing a program of education exclusively by correspondence. Subsec. (d) redesignated (c), and, as so redesignated, in par. (1)(A) generally amended prerequisites for a full-time basis program, in par. (1)(B) substituted “7” for “9”, in par. (1)(C) substituted “5” for “6”, following par. (1)(C) inserted provision relating to the computation of the clock hour requirements, and in par. (2) increased the educational assistance allowance rates for eligible veterans pursuing a farm cooperative program in column II from $141, $101, and $67 to $177, $133, and $89; in column III from $165, $119, and $79 to $208, $156, and $104; in column IV from $190, $138, and $92 to $236, $177, and $118; and in column V from $10, $7, and $4 to $14, $11, and $7, respectively.
1970—Subsec. (a)(1). Pub. L. 91–219, § 103(a), increased the monthly educational assistance allowance for eligible veterans in column II from $130, $95, $60, and $105 to $175, $128, $81, and $141; in column III from $155, $115, $75, and $125 to $205, $152, $100, and $167; in column IV from $175, $135, $85, and $145 to $230, $177, $114, and $192; in column V from $10, $7, $5, and $7 to $13, $10, $7, and $10, respectively.
Subsec. (b). Pub. L. 91–219, §§ 103(b), 204(a)(3), substituted “$175” for “$130” and inserted provision that educational assistance allowance provided by this subsection and the educational assistance allowance provided by section 1696(b) be made in an amount computed for the entire quarter, semester, or term during the month immediately following the month in which certification is received.
Subsec. (c)(1). Pub. L. 91–584 inserted definition of “established charge”.
Subsec. (c)(2). Pub. L. 91–219, § 103(c), substituted “$175” for “$130”.
Subsec. (d)(2). Pub. L. 91–219, § 103(d), increased the educational assistance allowance rates for eligible veterans pursuing a farm cooperative program in column II from $105, $75, and $50 to $141, $101, and $67; in column III from $125, $90, and $60 to $165, $119 and $79; in column IV from $145, $105, and $70 to $190, $138, and $92; in column V from $7, $5, and $3 to $10, $7, and $4, respectively.
1968—Subsec. (a)(2). Pub. L. 90–631, § 3(b)(1), inserted “, other than a ‘farm cooperative’ program,” after “A ‘cooperative’ program”.
Subsec. (c)(2). Pub. L. 90–631, § 3(a), substituted provisions charging the period of entitlement of any eligible veteran with one month for each $130 paid to such veteran as an educational assistance allowance when such veteran is pursuing a program of education exclusively by correspondence for provisions charging the period of entitlement of any eligible veteran with one-fourth of the elapsed time in following such program of education.
Subsec. (d). Pub. L. 90–631, § 3(b)(2), inserted requirement that the “farm cooperative” program consist of institutional agricultural courses prescheduled to fall within 44 weeks of any period of 12 consecutive months, inserted provisions making veterans pursuing programs of 6 or 9 clock hours per week eligible to receive an educational assistance allowance, and substituted provisions that the appropriate rate for such allowance shall be as provided in the table set out in subsec. (d)(2) of this section for provisions that the appropriate rate shall be as provided in the table set out in subsec. (a)(1) of this section opposite the word “Cooperative” under Column I of such table.
1967—Subsec. (a)(1). Pub. L. 90–77, § 301(a), (b), included in text preceding the table references to subsec. (d) of this section, sections 1677 and 1683 of this title, and column V; and, increased the monthly educational assistance allowance in column II from $100, $75, $50, and $80 to $130, $95, $60, and $105; in column III from $125, $95, $65, and $100 to $155, $115, $75, and $125; in column IV from $150, $115, $75, and $120 to $175, $135, $85, and $145 (restricting column IV to two dependents), and added column V (formerly covered in former column IV), respectively.
Subsec. (b)(2)(B). Pub. L. 90–77, § 301(c), substituted “$130” for “$100”.
Subsec. (d). Pub. L. 90–77, § 303(b), added subsec. (d).
Effective Date Of Amendment
Amendment by Pub. L. 106–419 effective
Amendment by Pub. L. 98–543 effective
Amendment by Pub. L. 97–35 effective
Pub. L. 96–466, title VIII, § 802(b),
Amendment by sections 308 to 310 of Pub. L. 96–466 [amending this section] effective
Amendment by section 602(a) of Pub. L. 96–466 [amending this section] effective
Amendment by Pub. L. 95–202 effective retroactively to
Amendment by Pub. L. 94–502 effective
Pub. L. 93–602, title II, § 206,
Pub. L. 93–508, title V, § 501,
Amendment by section 204 of Pub. L. 93–508 effective
Pub. L. 92–540, title VI, § 601(a),
Amendment by section 303 of Pub. L. 92–540 not to effect any enrollment agreement entered into by an eligible veteran prior to
Pub. L. 91–219, title III, § 301,
Amendment by Pub. L. 90–631 effective first day of second calendar month which begins after
Amendment by Pub. L. 90–77 effective first day of first month which begins more than ten days after
Miscellaneous
Pub. L. 96–466, title VI, § 602(d),
[Pub. L. 96–466, title VIII, § 802(f),
Pub. L. 90–493, § 5,