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4/12/2011 VER062509ELR 1

Post-9/11

Veterans

Educational

Improvements

Act of 2010February 14, 2011

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Introduction

On January 4, 2011, President Obama signed the Post-9/11 Veterans Educational Improvements Act of 2010 into law (PL 111-377). The legislation amends the provisions of chapter 33 of title 38 U.S.C., modifying the rules by which VA will make eligibility, award, and entitlement calculations. The provisions vary in their effective dates, with some effective on the date of enactment (January 4, 2011), and the last provisions effective on October 1, 2011.

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Introduction

NOTE: This is an overview of the legislation. Regulations are currently being drafted for implementation of the changes. Procedures will be issued to deal with specific issues and scenarios as we get closer to the effective dates of the various provisions.

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Introduction

The majority of the provisions only apply to the Post-9/11 GI Bill program. Some provisions are also applicable to other VA benefit programs. If multiple programs are affected, it will be specified in the content and/or the text will be green.

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PL 111-377

Provisions Effective on the Date of Enactment(January 4, 2011)

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Deductible Training

• The legislation adds 2 additional types of entry level and skill training which may be deductedbased upon total aggregate service:

― Army One Station Unit Training

― Coast Guard Skill Training

• The rules regarding when training is deducted or counted toward eligibility remain unchanged.

Provision Effective January 4, 2011

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Excluded Training

• The legislation adds the active duty service obligation (ADSO) associated with Coast Guard Academy graduation to the list of Excluded Service periods.

• Rules requiring the exclusion of the ADSO periods for the other service academies remain unchanged.


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Character of Service

• A fully Honorable character of service is now required for all service periods ending on or after January 4, 2011, including those with the following separation reasons:

― A Condition Interfering With Duty (CIWD)

― A condition Existing Prior To Service (EPTS)

― A Hardship (HDSP)

• CIWD, EPTS, and HDSP discharges prior to 1/4/11 which are other than Dishonorable may still be qualifying.


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PL 111-377

Provision Effective 60 Days After the Date of Enactment

(March 5, 2011)

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Active Duty-Degree Program

• Effective March 5, 2011, payments for individuals on active duty, in a degree program will be subject to proration based on benefit level calculations (40%-100%).

• This will apply to terms beginning on or after March 5, 2011.

Provision Effective March 5, 2011

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PL 111-377

Provisions Effective on August 1, 2011

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Tuition & Fees

The amount of tuition and fees payable for programs offered by Institutions of Higher Learning will change on August 1, 2011. The in-state, undergraduate state maximum amounts for tuition and fees will no longer apply.

― U.S. Public Schools: The actual net cost for in-state tuition and fees after the application of any waiver, reduction, scholarship, aid, or assistance [other than loans and funds provided under section 401(b) of the Higher Education Act of 1965] for the sole purpose of defraying tuition and fees.

Provision Effective August 1, 2011

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Tuition & Fees

― Private and Foreign Schools: The lesser of the actual net cost for tuition and fees after the application of any waiver, reduction, scholarship, aid, or assistance [other than loans and funds provided under section 401(b) of the Higher Education Act of 1965] for the sole purpose of defraying tuition and fees or $17,500 for the academic year beginning on August 1, 2011.

― The amount of the yearly cap will be adjusted each year based upon a Cost Of Living Allowance (COLA) and is subject to proration based upon benefit level.


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Monthly Housing Allowance

The amount payable for the Monthly Housing Allowance will change as follows:

― U.S. In-Residence: The applicable Basic Allowance for Housing rate will be multiplied by the rate of pursuit rounded to the nearest multiple of 10.

― Foreign In-Residence: The national average of all Basic Allowance for Housing rates will be multiplied by the rate of pursuit rounded to the nearest multiple of 10.


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― Example 1: An individual at a rate of pursuit of .54 will receive 50% of the applicable BAH rate

― Example 2: An individual at a rate of pursuit of .85 will receive 90%

NOTE: Basic eligibility requirements for Monthly Housing Allowance benefits (e.g. veterans with a rate of pursuit >.50) remain unchanged.


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• The amount payable for the Monthly Housing Allowance for any academic year (beginning on August 1) will be based upon the BAH rates effective on January 1 of that year.

• This means that Monthly Housing Allowance rates for chapter 33 awards will change effective August 1 of each year, and not on January 1.


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Licensing & Certification

• Individuals may be reimbursed for multiple licensing and certification exams. One month of entitlement (rounded to the nearest whole month) will be charged for each $1,460 paid.

• The amount equivalent to one month of entitlement will be adjusted each year based upon a COLA.


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National Tests

• Individuals may be reimbursed for multiple national tests (e.g. SAT, GRE, LSAT, etc.). One month of entitlement (rounded to the nearest whole month) will be charged for each $1,460 paid.

• The amount equivalent to one month of entitlement will be adjusted each year based upon a COLA.


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Ch30 & ch1606 Kickers

• Eligible individuals will receive payments for ch30 and ch1606 kicker payments on a monthly, rather than a lump sum, basis.

• Kickers will be paid regardless of rate of pursuit or eligibility for the Monthly Housing Allowance

• The applicable full time kicker rate will be multiplied by the rate of pursuit rounded to the nearest multiple of 10.


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Transfer of Entitlement

• Members of the Public Health Service (PHS) and the National Oceanic and Atmospheric Administration (NOAA) can be eligible to transfer unused ch33 entitlement.

• The rules for basic eligibility for Transfer of Entitlement (ToE) remain unchanged. Eligibility controlled by the individual's military department.


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Duplication of Benefits

• Individuals eligible for ch33 benefits under the Fry and ToE provisions may not receive benefits from both sources concurrently.

• Individuals eligible for ToE from multiple transferors may not receive benefits from multiple sources concurrently.

• Individuals electing to use Chapter 33 Fry Scholarship benefits lose eligibility for Dependency and Indemnity Compensation (DIC) benefits.


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Duplication of Benefits

• Individuals eligible for benefits under the National Call to Service program and chapter 30, 31, 32, 33, 34, 35, or 36 of title 38; or chapter 107, 1606, 1607, or section 903 of title 10; or the Hostage Relief Act of 1980; or the Omnibus Diplomatic Security and Antiterrorism Act of 1986 may not receive assistance under two or more such programs concurrently.


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Duplication of Eligibility

• Individuals cannot use the same period of service to establish eligibility for chapter 33, chapter 32, chapter 30, chapter 1607, and chapter 1606. The individual must make an election as to which benefit service should be credited.

• A child can not establish eligibility for Fry Scholarship benefits and chapter 35 benefits based upon a parent’s death. The individual must make an election under which benefit he/she wishes to receive educational assistance.


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Delimiting Date Extensions

Chapter 33 ToE children, chapter 35 children, and chapter 30 recipients may be eligible for a delimiting date extension for time spent as a primary caregiver for a veteran or member of the Armed Forces under 38 USC 1720G(a).


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Approval of Courses

• Degree programs offered at an accredited public and private-not-for-profit schools are deemed approved for VA education benefits, no longer requires SAA approval.

• VA may utilize State Approving Agencies for compliance and oversight.


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Chapter 31

An individual eligible for chapter 33 who is receiving benefits under chapter 31 (Vocational Rehabilitation and Employment Services) may elect to receive the applicable chapter 33 Monthly Housing Allowance in lieu of the monthly subsistence allowance under chapter 31.


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Interval Payments

• As of August 1, 2011, eligibility to interval pay is restricted to periods where a school is closed due to an Executive Order of the President or due to an emergency situation.

• These payments are limited to 4 weeks in any 12 month period.

• This applies to all VA education benefit programs.


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PL 111-377

Provisions Effective on October 1, 2011

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On October 1, 2011, VA will begin paying benefits to members of the Army National Guard and Air National Guard for qualifying service under title 32. The following service may qualify:

― Full time service in the National Guard for the purpose of organizing, administering, recruiting, instructing or training.

― Activations in support of a national emergency under section 502(f) of title 32.

National Guard ServiceNational Guard Service

Provision Effective October 1, 2011

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National Guard Service

• The law allows VA to begin paying benefits on October 1, 2011.

• Benefits can be paid retroactively to August 1, 2009, the effective date of the Post-9/11 GI Bill program.


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Distance Learning: Individuals only enrolled in distance learning courses will be eligible for a monthly housing allowance equal to 50% of the national average of all Basic Allowances for Housing. Rates will be multiplied by the rate of pursuit rounded to the nearest multiple of 10.

NOTE: Basic eligibility requirements for Monthly Housing Allowance benefits (e.g. veterans with a rate of pursuit >.50) remain unchanged.

Monthly Housing AllowanceMonthly Housing Allowance


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Active Duty Books

• Individuals enrolled in a degree program while on active duty will be eligible for the Books & Supplies stipend of up to $1,000.00 per academic year.

• The rules for calculating Books and Supplies payments are the same as those for veterans.


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On October 1, 2011, VA will begin paying Post-9/11 GI Bill benefits to individuals pursuing the following approved non-IHL non-degree programs

― Non-College Degree (NCD) schools

― On-the Job Training (OJT) and Apprenticeship programs

― Flight Programs

― Correspondence courses

Non-IHL Non-Degree ProgramsNon-IHL Non-Degree Programs


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Individuals pursuing an approved program at an NCD school will receive the lesser of the following:

― The actual net cost for in-state tuition and fees after the application of any waiver, reduction, scholarship, aid, or assistance [other than loans and funds provided under section 401(b) of the Higher Education Act of 1965] for the sole purpose of defraying tuition and fees or $17,500 for the academic year beginning on August 1, 2011.

― The amount of the yearly cap will be adjusted each year based upon a COLA and is subject to proration based upon benefit level.

NCD SchoolsNCD Schools


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― A Monthly Housing Allowance based upon the appropriate in-residence or distance learning rules (prorated by rate of pursuit and benefit level).

― A Books & Supplies Stipend in an amount equal to $83 for each month (prorated for partial months and benefit level).

NCD SchoolsNCD Schools


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Individuals pursuing an approved OJT or Apprenticeship program will receive the following:

― First 6 months: A monthly amount equal to the BAH rate for an E-5 with dependents where the employer is located (prorated for benefit level and/or less than 120 hours per month)

― Second 6 months: A monthly amount equal to 80% of the BAH rate for an E-5 with dependents where the employer is located (prorated for benefit level and/or less than 120 hours per month)

OJT/Apprenticeship ProgramsOJT/Apprenticeship Programs


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― Third 6 months: A monthly amount equal to 60% of the BAH rate for an E-5 with dependents where the employer is located (prorated for benefit level and/or less than 120 hours per month)

― Fourth 6 months: A monthly amount equal to 40% of the BAH rate for an E-5 with dependents where the employer is located (prorated for benefit level and/or less than 120 hours per month)



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― Over 24 months: A monthly amount equal to 20% of the BAH rate for an E-5 with dependents where the employer is located (prorated for benefit level and/or less than 120 hours per month)

― A Books & Supplies Stipend in an amount equal to $83 for each month (prorated for benefit level, partial months, and/or less than 120 hours per month)



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Individuals pursuing an approved flight program (not offered at an IHL) will receive the lesser of the following:

― The actual net cost for in-state tuition and fees after the application of any waiver, reduction, scholarship, aid, or assistance [other than loans and funds provided under section 401(b) of the Higher Education Act of 1965] for the sole purpose of defraying tuition and fees or $10,000 for the academic year beginning on August 1, 2011.

Flight ProgramsFlight Programs


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― As with flight training under other VA programs, benefit payments will be issued after course completion.

Flight ProgramsFlight Programs


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Individuals pursuing an approved program of education pursued exclusively by correspondence will receive the lesser of the following:

― The actual net cost for tuition and fees after the application of any waiver, reduction, scholarship, aid, or assistance [other than loans and funds provided under section 401(b) of the Higher Education Act of 1965] for the sole purpose of defraying tuition and fees or $8,500 for the academic year beginning on August 1, 2011.

Correspondence CoursesCorrespondence Courses


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― As with correspondence training under other VA programs, benefit payments will be issued quarterly for courses completed.

Correspondence CoursesCorrespondence Courses


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• Reporting fees are increase from $7 to $11 per student; and from $12 to $15 for advance payments.

• Reporting fees must be used solely for the purpose of making certifications otherwise supporting programs for veterans.

Reporting FeesReporting Fees


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