To amend title 38, United States Code, to permit certain veterans who were discharged or released from the Armed Forces by reason of service-connected disability to transfer benefits under the Post-9/11 Educational Assistance Program, and for other purposes.

To amend title 38, United States Code, to permit certain veterans who were discharged or released from the Armed Forces by reason of service-connected disability to transfer benefits under the Post-9/11 Educational Assistance Program, and for other purposes. 1. Service-connected death, disability, or injury exception for transferability of entitlement to educational assistance under the Post-9/11 Educational Assistance program Section 3319 of title 38, United States Code, is amended— (1) in subsection (b)— (A) by striking (b) Eligible individuals.— (b) Eligible Individuals (1) In general An individual ; (B) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and moving them two ems to the right; and (C) by adding at the end the following new paragraph: (2) Approval after death in line of duty Notwithstanding the service requirements under paragraph (1), an individual referred to in subsection (a) shall also include an individual who elected to transfer educational assistance as described in subsection (a) but whose application for such transfer was not approved before such individual died in line of duty. ; and (2) in subsection (f)— (A) by striking (1) Time for transfer.— (1) Time for transfer (A) In general Except as provided in subparagraph (B) and subject to ; and (B) by adding at the end the following new subparagraph: (B) Exception (i) Time for transfer for service-connected disability or injury in line of duty The limitation under subparagraph (A) with respect to the time to transfer entitlement benefits under this section shall not apply if an individual is discharged or released from active duty in the Armed Forces in accordance with section 3311(c) of this title— (I) due to a service-connected disability; or (II) after sustaining an injury in line of duty that requires hospital, nursing home, or domiciliary care or treatment. (ii) Extended period of eligibility An individual referred to in clause (i) may transfer entitlement benefits under this section— (I) before the end of the 36-month period beginning on the date of the individual’s discharge or release from active duty in the Armed Forces; or (II) before the end of the 48-month period beginning on the date of such discharge or release if the Secretary concerned determines special circumstances exist. (iii) Alternative period of eligibility In the case of an individual described in clause (i) who is discharged or released from active duty in the Armed Forces on or after August 1, 2009, but before the date of the enactment of this subparagraph, the extended period of eligibility described in clause (ii) shall begin on the date of the enactment of this subparagraph. (C) Additional opportunity to make election An individual described in subparagraph (B)(i) may elect to transfer the individual’s entitlement under subsection (a), or to make changes to the dependent or dependents designated as the transferee or transferees of the individual’s entitlement under this section, one or more times during the time period referred to in subparagraph (B)(ii). . 2. Effective Date The amendments made by this Act to section 3319

Summary: Permits the posthumous transfer of Post 9/11 Educational Assistance (an educational assistance entitlement for certain members of the Armed Forces serving on or after September 11, 2001) to the spouse or children of eligible Armed Forces members when the application of a member electing to transfer such assistance was not approved before the member died in the line of duty. Allows transfers of such entitlements by individuals honorably discharged or released from active duty in the Armed Forces due to a service-connected disability or after sustaining an injury in line of duty requiring hospital, nursing home, or domiciliary care or treatment. (Current law requires an individual to be serving as a member of the Armed Forces when the transfer is executed.) Sets forth extended and alternative eligibility periods for such individuals. Applies this Act to individuals who become eligible to transfer such benefits on or after August 1, 2009.