12 2 STA T . 2 380PUBLIC LA W 110 – 2 5 2 —J U NE 30 , 2008 AUTHORI T Y TO TRA NSFE R UNUSE D EDU C ATION B ENEFITS TO FA M I L Y MEMBERS FOR CAREER SER V ICE MEMBERS S EC .50 0 6 . (a)A UTHORITY TO T RANSFER M ONT G OMERY GIB ILL BENEFITS TO A D E P ENDENT. — S ection3 0 2 0o f tit l e3 8,U nite d State sC ode, is a m ended— ( 1 ) by st r i k in g t h e section heading and s u bsections (a) and (b) and inserting the follo w ing
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‘ §302 0 .Authori t y to tr ansfe r unuse d edu c ation b enefits to fa m i l y members for career ser v ice members ‘ ‘(a) IN GENERAL.—Sub j ect to the p ro v isions of this section, the Secretary of Defense may authori z e the Secretary concerned, to promote recruitment and retention of members of the Armed F orces, to permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one or more of the dependents specified in subsection (c) the unused portion of entitlement to such assist - ance, subject to the limitation under subsection (d). ‘‘(b) E LIGIBLE INDIVIDUALS.—An individual referred to in sub- section (a) is any member of the Armed Forces— ‘‘(1) who, while serving on active duty or as a member of the Selected R eserve at the time of the approval by the Secretary concerned of the member ’ sre q uest to transfer entitle- ment to basic educational assistance under this section, has completed si x years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the Armed Forces
or ‘‘(2) as determined in regulations pursuant to subsection (k).’’; (2) by striking subsection (d) and inserting the following: ‘‘(d) L IMITATION ON MONTHS OF TRANSFER.—(1) An individual approved to transfer an entitlement to basic educational assistance under this section may transfer any unused entitlement to one or more of the dependents specified in subsection (c). ‘‘(2) The total number of months of entitlement transferred by an individual under this section may not exceed 36 months. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.’’; (3) in subsection (f)(1) by striking ‘‘without regard to whether’’ and inserting ‘‘only while’’; and ( 4 ) in subsection (f)(2) by inserting ‘‘as long as the indi- vidual is serving on active duty or as a member of the Selected Reserve’’ after ‘‘so transferred’’; (5) by adding at the end of subsection (f) the following: ‘‘(3) Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding.’’; (6) in subsection (h)(5) by inserting ‘‘may use the benefit without regard to the 10-year delimiting date, but’’ after ‘‘under this section’’; and ( 7 ) by striking subsection (k) and inserting the following: ‘‘(k) REGULATIONS.—The Secretary of Defense, in coordination with the Secretary of V eterans Affairs, shall prescribe regulations for purposes of this section. Such regulations shall specify—
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