38 U.S.C. § 3542

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 3542 - Special training allowance

(a) While the eligible person is enrolled in and pursuing a full-time course of special restorative training, the eligible person shall be entitled to receive a special training allowance computed at the basic rate of $788 per month. If the charges for tuition and fees applicable to any such course are more than $247 per calendar month, the basic monthly allowance may be increased by the amount that such charges exceed $247 a month, upon election by the eligible person to have such person's period of entitlement reduced by one day for each such increased amount of allowance that is equal to one-thirtieth of the full-time basic monthly rate of special training allowance.

(b) No payments of a special training allowance shall be made for the same period for which the payment of an educational assistance allowance is made or for any period during which the training is pursued on less than a full-time basis.

(c) Full-time training for the purpose of this section shall be determined by the Secretary with respect to the capacities of the individual trainee.

38 U.S.C. § 3542

Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1200, §1742; Pub. L. 89-222, §2, Sept. 30, 1965, 79 Stat. 896; Pub. L. 91-219, title I, §104(c), Mar. 26, 1970, 84 Stat. 78; Pub. L. 92-540, title I, §103(4), Oct. 24, 1972, 86 Stat. 1076; Pub. L. 93-508, title I, §103(4), Dec. 3, 1974, 88 Stat. 1580; Pub. L. 93-602, title II, §204(b), Jan. 2, 1975, 88 Stat. 1958; Pub. L. 94-502, title III, §301(2), Oct. 15, 1976, 90 Stat. 2389; Pub. L. 95-202, title I, §103(2), Nov. 23, 1977, 91 Stat. 1435; Pub. L. 96-466, title II, §§202(2), 212(2), Oct. 17, 1980, 94 Stat. 2188, 2190; Pub. L. 98-543, title II, §203(2), Oct. 24, 1984, 98 Stat. 2742; Pub. L. 101-237, title IV, §§403(a)(10), Dec. 18, 1989, 423, Dec. 18, 1989, 103 Stat. 2080, 2092; renumbered § 3542,Pub. L. 102-83, §5(a)3542,, 105 Stat. 406; Pub. L. 105-178, title VIII, §8210(c), as added Pub. L. 105-206, title IX, §9014(b), July 22, 1998, 112 Stat. 866; Pub. L. 106-419, title I, §111(c), Nov. 1, 2000, 114 Stat. 1830; Pub. L. 107-103, title I, §§102(c), Dec. 27, 2001, 109, Dec. 27, 2001, 115 Stat. 978, 986; Pub. L. 108-183, title III, §302(c), Dec. 16, 2003, 117 Stat. 2659.

EDITORIAL NOTES

AMENDMENTS2003-Subsec. (a). Pub. L. 108-183 substituted "$788" for "$670" and substituted "$247" for "$210" in two places. 2001-Subsec. (a). Pub. L. 107-103, §109(b)(2), substituted "the eligible person shall be entitled to receive" for "the parent or guardian shall be entitled to receive on behalf of such person" and "upon election by the eligible person" for "upon election by the parent or guardian of the eligible person". Pub. L. 107-103, §102(c), substituted "$670" for "$588" and substituted "$210" for "$184" in two places.2000-Subsec. (a). Pub. L. 106-419 substituted "$588" for "$485", "$184" for "$152" in two places, and "such increased amount of allowance that is equal to one-thirtieth of the full-time basic monthly rate of special training allowance" for "$16.16 that the special training allowance paid exceeds the basic monthly allowance". 1998-Subsec. (a). Pub. L. 105-178, §8210(c), as added by Pub. L. 105-206, §9014(b), substituted "$485" for "$404" and "$16.16" for "$13.46" and substituted "$152" for "$127" in two places. 1991- Pub. L. 102-83 renumbered section 1742 of this title as this section.1989-Subsec. (a). Pub. L. 101-237, §403(a)(10), substituted "$404" for "$376", "$127" for "$119" in two places, and "$13.46" for "$12.58".Subsec. (c). Pub. L. 101-237, §423(b)(1)(A), substituted "Secretary" for "Administrator". 1984-Subsec. (a). Pub. L. 98-543 substituted "$376" for "$342", "$119" for "$108" in two places, and "$12.58" for "$11.44". 1980-Subsec. (a). Pub. L. 96-466, §212(2), substituted "$342" for "$327", "$108" for "$103" in two places, and "$11.44" for "$10.92". Pub. L. 96-466, §202(2), substituted "$327" for "$311", "$103" for "$98" in two places, and "$10.92" for "$10.40". 1977-Subsec. (a). Pub. L. 95-202 substituted "$311" for "$292", "$98" for "$92" in two places, and "$10.40" for "$9.76". 1976-Subsec. (a). Pub. L. 94-502 substituted "$292" for "$270", "$92" for "$85" in two places, and "$9.76" for "$9.02". 1975-Subsec. (a). Pub. L. 93-602 substituted "$270", "$85", "$85", and "$9.02" for "$260", "$82", "$82", and "$8.69", respectively.1974-Subsec. (a). Pub. L. 93-508 substituted "behalf of such person", "$260", "$82", "$82", and "$8.69" for "his behalf a", "$220", "$69", "$69", and "$7.35", respectively. 1972-Subsec. (a). Pub. L. 92-540 substituted "$220" for "$175", "$69" for "$55", and "$7.35" for "$6.80", respectively. 1970-Subsec. (a). Pub. L. 91-219 substituted "$175" for "$130", "$55" for "$41", and "$6.80" for "$4.25", respectively. 1965-Subsec. (a). Pub. L. 89-222 substituted "$130", "$41", "$41" and "$4.25" for "$110", "$35", "$35" and "$3.60", respectively.

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-183 effective July 1, 2004, and applicable with respect to educational assistance allowances payable under this chapter and section 3687(b)(2) of this title for months beginning on or after that date, see section 302(e) of Pub. L. 108-183 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 2001 AMENDMENT Amendment by section 102(c) of Pub. L. 107-103 effective Jan. 1, 2002, and applicable with respect to educational assistance allowances payable under this chapter and section 3687(b)(2) of this title for months beginning on or after that date, see section 102(e) of Pub. L. 107-103 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-419 effective Nov. 1, 2000, and applicable with respect to educational assistance allowances paid under this chapter for months after October 2000, see section 111(e) of Pub. L. 106-419 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1998 AMENDMENTS Title IX of Pub. L. 105-206 effective simultaneously with enactment of Pub. L. 105-178 and to be treated as included in Pub. L. 105-178 at time of enactment, see section 9016 of Pub. L. 105-206 set out as a note under section 101 of Title 23, Highways. Amendment by Pub. L. 105-178 effective Oct. 1, 1998, and applicable with respect to educational assistance allowances paid for months after September 1998, see section 8210(e) of Pub. L. 105-178 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1989 AMENDMENT Amendment by section 403(a)(10) of Pub. L. 101-237 effective Jan. 1, 1990, see section 403(c) of Pub. L. 101-237 set out as a note under section 3532 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98-543 effective Oct. 1, 1984, see section 205 of Pub. L. 98-543 set out as a note under section 3108 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by sections 202(2) and 212(c) of Pub. L. 96-466 effective Oct. 1, 1980, and Jan. 1, 1981, respectively, see section 802(b) of Pub. L. 96-466 set out as a note under section 3482 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95-202 effective retroactively to Oct. 1, 1977, see section 501 of Pub. L. 95-202 set out as a note under section 101 of this title.

EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-502 effective Oct. 1, 1976, see section 703(a) of Pub. L. 94-502 set out as an Effective Date note under section 3693 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-602 effective Jan. 1, 1975, see section 206 of Pub. L. 93-602 set out as a note under section 3482 of this title.

EFFECTIVE DATE OF 1974 AMENDMENT Amendment by Pub. L. 93-508 effective Sept. 1, 1974, see section 501 of Pub. L. 93-508 set out as a note under section 3482 of this title.

EFFECTIVE DATE OF 1972 AMENDMENT Amendment by Pub. L. 92-540 effective Oct. 1, 1972, except for those veterans and eligible persons in training on Oct. 24, 1972, see section 601(a) of Pub. L. 92-540 set out as a note under section 3482 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91-219 effective Feb. 1, 1970, see section 301 of Pub. L. 91-219 set out as a note under section 3482 of this title.

EFFECTIVE DATE OF 1965 AMENDMENT Amendment by Pub. L. 89-222 effective first day of second calendar month following September 30, 1965, see section 4 of Pub. L. 89-222 set out as a note under section 3532 of this title.