12 2 STA T . 2 385PUBLIC LA W 11 0– 252 —J U NE 30 , 2008 ‘ ‘ (A)thecompl et i o nby the membe r m ak in g the tran sf er of at least — ‘‘(i) ten years of ser v ice in the arme d forces
or ‘‘(ii) the years of service as determined in reg u la - tions pursuant to subsection ( j ); and ‘‘( B ) either— ‘‘(i) the completion by the child of the re q uirements of a secondary school diploma (or equivalency certifi- cate); or ‘‘(ii) the attainment by the child of 18 years of age . ‘‘(h) A D D IT I ONAL AD M INI S T R ATI VEM ATTERS.—(1) T he use of any entitlement to basic educational assistance transferred under this section shall be charged against the entitlement of the member making the transfer at the rate of one month for each month of transferred entitlement that is used. ‘‘( 2 ) Ex cept as provided under subsection (e)(2) and subject to paragraphs ( 5 )and( 6 ) , a dependent to w hom entitlement is transferred under this section is entitled to basic educational assist- ance under this chapter in the same manner as the member from whom the entitlement was transferred. ‘‘( 3 ) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 16162 and 16162a to the member making the transfer. ‘‘( 4 ) The death of a member transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. ‘‘(5) N otwithstanding section 16164(a)(2), a child to whom entitlement is transferred under this section may use the benefit without regard to the 1 0 -year delimiting date, but may not use any entitlement so transferred after attaining the age of 26 years. ‘‘(6) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions. ‘‘( 7 ) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a sec- ondary school diploma (or equivalency certificate). ‘‘(i) O VER P A Y MENT.— ‘‘(1) J OINT AND SEVERAL LIA B ILITY.— I n the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the member making the transfer shall be jointly and severally liable to the U nited S tates for the amount of the overpayment for purposes of section 3685 of title 38. ‘‘(2) F AIL U RE TO C OMPLETE SERVICE A G REEMENT.—Except as provided in paragraph (3), if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(1) in accord- ance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance under paragraph (1). Ap p licab ili ty.
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