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Title 38 — Veterans’ Benefits

Part III · Chapter 32 — Post-Vietnam Era Veterans’ Educational Assistance

§ 3233. Apprenticeship or other on-job training

Statutory text

(a)

Except as provided in subsection (b) of this section, the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is—

(1)

for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter;

(2)

for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly benefit payment; and

(3)

for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment.

(b)

In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this section as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours.

(c)

For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of—

(1)

75 percent of a month in the case of payments made in accordance with subsection (a)(1) of this section;

(2)

55 percent of a month in the case of payments made in accordance with subsection (a)(2) of this section; and

(3)

35 percent of a month in the case of payments made in accordance with subsection (a)(3) of this section.

(d)

For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under subsection (c) of this section shall be reduced in the same proportion as the monthly benefit payment payable is reduced under subsection (b) of this section.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 99–576 title III § 310(b)(2) · 100 Stat. 3248

    Enacted · 38 U.S.C. § 3233

    Added Pub. L. 99–576, title III, § 310(b)(2), Oct. 28, 1986, 100 Stat. 3271, § 1633

    Source evidence

    Code source credit
    Added Pub. L. 99–576, title III, § 310(b)(2), Oct. 28, 1986, 100 Stat. 3271, § 1633

    Enacted provision · exact public law section
    (2) Subchapter III of chapter 32 is amended by adding at the end the following new section: “§ 1633. Apprenticeship or other on-job training “(a) Except as provided in subsection (b) of this section, the amount of the monthly benefit payment to an individual pursuing a full-time program of apprenticeship or other on-job training under this chapter is— “(1) for each of the first six months of the individual’s pursuit of such program, 75 percent of the monthly benefit payment otherwise payable to such individual under this chapter; “(2) for each of the second six months of the individual’s pursuit of such program, 55 percent of such monthly benefit payment; and “(3) for each of the months following the first 12 months of the individual’s pursuit of such program, 35 percent of such monthly benefit payment. “(b) In any month in which an individual pursuing a program of education consisting of a program of apprenticeship or other on-job training fails to complete 120 hours of training, the amount of the monthly benefit payment payable under this chapter to the individual shall be limited to the same proportion of the applicable rate determined under subsection (a) of this section as the number of hours worked during such month, rounded to the nearest eight hours, bears to 120 hours. “(c) For each month that an individual is paid a monthly benefit payment under this chapter, the individual’s entitlement under this chapter shall be charged at the rate of— “(1) 75 percent of a month in the case of payments made in accordance with subsection (a)(1) of this section; “(2) 55 percent of a month in the case of payments made in accordance with subsection (a)(2) of this section; and “(3) 35 percent of a month in the case of payments made in accordance with subsection (a)(3) of this section.”.

  2. Veterans Education and Employment Amendments of 1989

    Pub. L. 101–237 title IV § 423(a)(7) · 103 Stat. 2062

    Added · 38 U.S.C. § 3233(d)

    Pub. L. 101–237 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–237 added subsec. (d).

    Enacted provision · exact public law section
    (7) Section 1633 is amended by adding at the end the following new subsection: “(d) For any month in which an individual fails to complete 120 hours of training, the entitlement otherwise chargeable under subsection (c) of this section shall be reduced in the same proportion as the monthly benefit payment payable is reduced under subsection (b) of this section.”.

  3. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 3233

    Pub. L. 102–83 renumbered section 1633 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 1633 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

3 of 3 references resolved to an enrolled provision

Editorial Notes

Amendments1989–1991 · 2 rounds

1991

Pub. L. 102–83 renumbered section 1633 of this title as this section.

1989

Subsec. (d). Pub. L. 101–237 added subsec. (d).

Statutory Notes and Related Subsidiaries

Increase in Benefit for Individuals Pursuing Apprenticeship or On-Job Training; Post-Vietnam Era Veterans’ Educational Assistance

Pub. L. 108–454, title I, § 103(b), , 118 Stat. 3600, provided that:

“For months beginning on or after , and before , subsection (a) of section 3233 of title 38, United States Code, shall be applied as if—

“(1)

the reference to ‘75 percent’ in paragraph (1) were a reference to ‘85 percent’;

“(2)

the reference to ‘55 percent’ in paragraph (2) were a reference to ‘65 percent’; and

“(3)

the reference to ‘35 percent’ in paragraph (3) were a reference to ‘45 percent’.”

Credits

1986–1991 · 3 acts
  1. 1986Added Pub. L. 99–576, title III, § 310(b)(2), , 100 Stat. 3271, § 1633
  2. 1989amended Pub. L. 101–237, title IV, § 423(a)(7), , 103 Stat. 2091
  3. 1991renumbered § 3233, Pub. L. 102–83, § 5(a), , 105 Stat. 406.
Show as published

(Added Pub. L. 99–576, title III, § 310(b)(2), , 100 Stat. 3271, § 1633; amended Pub. L. 101–237, title IV, § 423(a)(7), , 103 Stat. 2091; renumbered § 3233, Pub. L. 102–83, § 5(a), , 105 Stat. 406.)

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