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$21.7136 Rates of payment of basic

educational assistance. The monthly rate of educational assistance payable to veteran or servicemember depends in part upon the service requirements he or she met to establish eligibility for that educational assistance.

(a) Service requirements for higher rates. The monthly rate of basic educational assistance payable to a veteran or servicemember shall be the rate stated in paragraph (b) of this section when

(1) The veteran has established eligibility for educational assistance under $21.7045; or

(2) The veteran has established eligibility under $21.7042, and one of the following sets of circumstances exist.

(i) The veteran's initial obligated period of active duty is at least three years; or

(ii) The veteran's initial obligated period of active duty is at least two years and less than three years and either the veteran has served or is committed to serve in the Selected Reserve for a period of at least four years, or the veteran was committed to serve in the Selected Reserve for a period of at least four years but failed to complete four years service for one of the reasons stated in $21.7042(b)(7)(i) or (iii); or

(iii) The veteran's initial obligated period of active duty is at least two years and less than three years and

(A) The basic educational assistance is payable for training received after August 31, 1993;

(B) The veteran's continuous active duty service beginning on the date of the commencement of his or her initial obligated period of active duty is at least three years and upon completion of that continuous period of active duty the veteran either

(1) Continues on active duty; or

(2) Is discharged from active duty with an honorable discharge; or

(3) Is released after service on active duty characterized by the Secretary concerned as honorable service and is placed on the retired list, transferred to the Fleet Reserve or the Fleet Marine Corps Reserve, placed on the temporary disability retired list; or

(4) Is released from active duty for further service in a reserve component

of the Armed Forces after ser active duty characterized by retary concerned as honorable

(Authority: 38 U.S.C. 3015(a))

(b) Rates. (1) Except as elsewh vided in this section or in $21.1 monthly rate of basic educati sistance payable for training 1 curs after September 30, 2000, fore November 1, 2000, to a whose service is described in pa: (a) of this section is the rate st the following table:

Training

Full time

*4 time

12 time Less than 12 but more than 14 time

14 time

(Authority: 38 U.S.C. 3015)

(2) Except as elsewhere prov this section or in $21.7139, the m rate of basic educational assi payable for training that occur October 31, 2000, and before Octa 2001, to a veteran whose service scribed in paragraph (a) of this s is the rate stated in the foll table:

Training

Full time
94 time
V2 time
Less than 12 but more than 14 time
14 time

(Authority: 38 U.S.C. 3015)

(3) If a veteran's service is de in paragraph (a) of this sectid monthly rate of basic educatia sistance payable to the veteran i suit of apprenticeship or other training that occurs after Sep 30, 2000, and before November 1, the rate stated in the following |

Training period

First six months of pursuit of training
Second six months of pursuit of training
Remaining pursuit of training

(Authority: 38 U.S.C. 3015, 3032(c))

(4) If a veteran's service is de in paragraph (a) of this secti

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(Authority: 38 U.S.C. 3015, 3032(c))

(5) The monthly rate of basic educational assistance payable to a veteran for pursuit of a cooperative course is:

(i) $436.00 for training that occurs after September 30, 1999, and before October 1, 2000;

(ii) $449.00 for training that occurs after September 30, 2000, and before November 1, 2000; and

(iii) $528.00 for training that occurs after October 31, 2000, and before October 1, 2001.

(Authority: 38 U.S.C. 3015)

(d) Increase in basic educational assistance rates ("kicker). The Secretary concerned may increase the amount of

y rate of basic educational ase payable to the veteran for purapprenticeship or other on-job g that occurs after October 31, id before October 1, 2001, is the ited in the following table: Training period

Monthly rate inths of pursuit of training

$487.50 months of pursuit of training pursuit of training

357.50 227.85

ity: 38 U.S.C. 3015, 3032(c)) a veteran's service is described agraph (a) of this section, the ly rate of basic educational asse payable to the veteran for pura cooperative course is: 536.00 for training that occurs leptember 30, 1999, and before Oc, 2000; 1552.00 for training that occurs leptember 30, 2000, and before No11, 2000; and $850.00 for training that occurs October 31, 2000, and before Octo2001.

rity. Sở U.S.C, 3015) ates for some veterans whose initial ed period of active duty is less than lears. If a veteran has established lity under $21.7042, but the vetservice is not described in para(2x2) of this section, the month

of educational assistance paythe veteran will be determined paragraph. Except as elsewhere provided in ction or in $21.7139, the monthly of basic educational assistance le to a veteran for training that after September 30, 2000, and beovember 1, 2000, is the rate stated following table:

Training

Monthly rate

$449.00 336.75 224.50 224.50 112.25

15 but more than 44 time 1 less

rity: 38 U.S.C. 3015, 3032(c)) except as elsewhere provided in ction or in $21.7139, the monthly of basic educational assistance le to a veteran for training that

197-135 D-15

basic educational assistance payable to (ii) $385 per month during the sec an individual who has a skill or spe- six months of training, and cialty which the Secretary concerned (iii) $245 per month during the designates as having a critical shortage maining months of training. of personnel or for which it is difficult (5) For individuals who first beca to recruit. The amount of the increase members of the Armed Forces bet is set by the Secretary concerned, but November 29, 1989, and who are i (except as provided in paragraphs (f) suing cooperative training, it mily and (g) of this section)

exceed $320 per month for training (1) For individuals, other than those ceived before October 9, 1996. pursuing cooperative training before (6) For individuals who first beca October 9, 1996, or apprenticeship or members of the Armed Forces after 1 other on-job training, it may not ex- vember 28, 1989, and who are pursu ceed:

cooperative training, it may not exci (i) $400 per month for full-time train $560 per month for training received ing,

fore October 9, 1996. (ii) $300 per month for three-quartertime training,

(Authority: Sec. 108(a)(2), Pub. L. 100–589. (iii) $200 per month for one-half-time

Stat. 4170; Sec. 5(a), Pub. L. 102–83, 105 St

406) training, or for training which is less than one-half, but more than one-quar (e) Less than one-half-time training a ter-time, or

rates for servicemembers. Except as p (iv) $100 per month for one-quarter vided in paragraph (g) of this secti time training or less.

the monthly rate for a veteran who (2) For individuals who first become pursuing a course on a less than oi members of the Armed Forces after No half-time basis or the monthly rate vember 28, 1989 (other than those pur- a servicemember who is pursuing a p suing cooperative training before Octo gram of education is the lesser of: ber 9, 1996, or apprenticeship or other (1) The monthly rate stated in eiti on-job training), it may not exceed: paragraph (b) or (c) of this section (i) $700 per month for full-time train determined by the veteran's

servicemember's initial obligated (ii) $525 per month for three-quarter- riod of active duty) plus any addition time training,

amounts that may be due under pa (iii) $350 per month for one-half-time graph (d) or (e) of this section, or training or for training which is less

(2) The monthly rate of the cost than one-half, but more than one-quar the course. ter-time, or

(3) For individuals pursuing coope (iv) $175 per month for one-quarter tive training, it may not exceed $ time training or less.

per month. (3) For individuals who first become members of the Armed Forces before (Authority: 38 U.S.C. 3015, 3032) November 29, 1989, and who are pur

(f) Increase in basic educational assi suing an apprenticeship or other on-job ance rates ("kicker") for those eligi training, it may not exceed

under $21.7045. A veteran who forme (i) $300 per month during the first six was eligible to receive educational months of training,

sistance under 38 U.S.C. ch. 32, and (ii) $220 per month during the second comes eligible for educational assi six months of training, and

ance under 38 U.S.C. ch. 30 as descrit (iii) $140 per month during the re in 821.7045(b)(1)(ii) or (c)(1)(ii), may maining months of training.

ceive an increase in basic educatio (4) For individuals who first become assistance allowance (kicker). The members of the Armed Forces after No- crease will be determined as follows. vember 28, 1989, and who are pursuing (1) The basis of the increase will an apprenticeship or other on-job that portion of the amount of money training, it may not exceed

(i) Which remains in the VEAP fu (i) $525 per month during the first six after the veteran has been paid all : months of training,

sistance due him or her under 38 U.S

ing,

ch. 32 and refunded all of his or her contributions to the VEAP fund, and

(ii) Which represents the Secretary of Defense's additional contributions for the veteran as stated in $21.5132(b)(3) of this part.

(2) For a student pursuing a program of education by residence training

(i) VA will determine the monthly rate of the increase by dividing the amount of money described in paragraph (e)(1) of this section by the number of months of entitlement to educational assistance under 38 U.S.C. chapter 30 which the veteran has at the time his eligibility for benefits under

is eligibility for benefits under 38 U.S.C. chapter 30 is first established;

(ii) VA will use the monthly rate of the increase determined in paragraph le 2Xi) of this section if the veteran is pursuing his or her program full time;

(iii) VA will multiply the monthly rate determined by paragraph (e)(2)(i) of this section by .75 for a student pursuing his or her program three-quarter time;

(iv) VA will multiply the monthly rate determined by paragraph (e)(2)(i) of this section by .5 for a student pursuing his or her program half time; and

(v) VA will multiply the monthly rate determined by paragraph (e)(2)(i) of this section by .25 for a student pursuing his or her program less than onehalf time.

(3) For a veteran pursuing cooperative training VA will multiply the rate determined by paragraph (e)(2)(i) of this section by .8 for training received before October 9, 1996.

(4) For a veteran pursuing a program of apprenticeship or other on-job training VA will multiply the monthly rate determined by paragraph (e)(2)(i) of this section

(i) By .75 for a veteran in the first six months of pursuit of training,

(ii) By .55 for a veteran in the second six months of pursuit of training, and

(iii) By .35 for a veteran in the remaining months of pursuit of training.

basic educational assistance payable under paragraph (b), (c), (d), (e), or (f) of this section, as appropriate. The increase (“kicker") is payable to a veteran who has a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, or, in the case of critical units, retain personnel, if the veteran:

(i) Establishes eligibility for educational assistance under $21.7042(a) or 821.7045; and

(ii) Meets the criteria of 821.7540(a)(1) with respect to service in the Selected Reserve.

(2) The Secretary of the military department concerned

(i) Will, for such an increase (“kicker'), set an amount of the increase ("kicker”') for full-time training, but the increase (“kicker") may not exceed $350 per month; and

(ii) May set the amount of the increase ("kicker") payable, for a veteran pursuing a program of education less than full time or pursuing a program of apprenticeship or other on-job training, at an amount less than the amount described in paragraph (g)(2)(i) of this section.

(Authority: 10 U.S.C. 16131(i)(2)) (55 FR 28386, July 11, 1990, as amended at 55 FR 50324, Dec. 6, 1990; 56 FR 20135, May 2, 1991; 57 FR 11911, Apr. 8, 1992; 57 FR 57103, Dec. 3, 1992; 59 FR 24053, May 10, 1994; 61 FR 6788, Feb. 22, 1996; 61 FR 15191, Apr. 5, 1996; 61 FR 24237, May 14, 1996; 62 FR 14824, Mar. 28, 1997; 62 FR 55519, Oct. 27, 1997; 62 FR 58655, Oct. 30, 1997; 64 FR 31694, June 14, 1999; 65 FR 44980, July 20, 2000; 65 FR 55193, Sept. 13, 2000; 66 FR 32228, June 14, 2001)

$21.7137 Rates of payment of basic

educational assistance for individ. uals with remaining entitlement

under 38 U.S.C. ch. 34. (a) Minimum rates. (1) Except as elsewhere provided in this section, the monthly rate of basic educational assistance for training that occurs after September 30, 2000, and before November 1, 2000, is the rate stated in the following table:

(Authority: 38 U.S.C. 3015(e))

(g) Increase (kicker'') in basic educational assistance rates payable for service in the Selected Reserve. (1) The Secretary of the military department concerned may increase the amount of

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No depend

One depend

ent

Two depend , a

ents

Training

ents

1st six months of pursuit of program
2nd six months of pursuit of program
3rd six months of pursuit of program
Remaining pursuit of program

$590.25
413.88
251.30
239.40

$602.63
423.23
257,43
245.18

$613.50

430.93 262.15 250.43

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