
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2147]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                    PART III--TRAINING AND EDUCATION
 
  CHAPTER 107--EDUCATIONAL ASSISTANCE FOR PERSONS ENLISTING FOR ACTIVE 
                                  DUTY
 
Sec. 2147. Right of member after reenlisting to transfer 
        entitlement to spouse or dependent children
        
    (a)(1)(A) A person who is entitled to educational assistance under 
section 2142 of this title and who reenlisted in an armed force at any 
time after the end of the enlistment which established such entitlement 
may at any time after such reenlistment elect to transfer all or any 
part of such entitlement to the spouse or dependent child of such 
person.
    (B) The Secretary of the Navy may authorize a member of the Navy or 
Marine Corps who is entitled to educational assistance under section 
2142 of this title and whose enlistment that established such 
entitlement was the member's second reenlistment as a member of the 
armed forces to transfer all or part of such entitlement to the spouse 
or dependent child of such member after the completion of four years of 
active service of that second reenlistment if that reenlistment was for 
a period of at least six years.
    (C) A transfer under this paragraph may be revoked at any time by 
the person making the transfer.
    (2) If a person described in paragraph (1) dies before making an 
election authorized by such paragraph but has never made an election not 
to transfer such entitlement, any unused entitlement of such person 
shall be automatically transferred to such person's surviving spouse or 
(if there is no eligible surviving spouse) to such person's dependent 
children. A surviving spouse to whom entitlement to educational 
assistance is transferred under this paragraph may elect to transfer 
such entitlement to the dependent children of the person whose service 
established such entitlement.
    (3) Any transfer of entitlement under this subsection shall be made 
in accordance with regulations prescribed by the Secretary of the 
military department concerned.
    (b) A spouse or surviving spouse or a dependent child to whom 
entitlement is transferred under subsection (a) is entitled to 
educational assistance under this chapter in the same manner and at the 
same rate as the person from whom the entitlement was transferred.
    (c) The total amount of educational assistance available to a person 
entitled to educational assistance under section 2142 of this title and 
to the person's spouse, surviving spouse, and dependent children is the 
amount of educational assistance to which the person is entitled. If 
more than one person is being provided educational assistance for the 
same period by virtue of the entitlement of the same person, the 
subsistence allowance authorized by section 2144 of this title shall be 
divided in such manner as the person may specify or (if the person fails 
to specify) as the Secretary concerned may prescribe.
    (d) In this section:
        (1) The term ``dependent child'' has the meaning given the term 
    ``dependent'' in section 1072(2)(D) of this title.
        (2) The term ``surviving spouse'' means a widow or widower who 
    is not remarried.

(Added Pub. L. 96-342, title IX, Sec. 901(a), Sept. 8, 1980, 94 Stat. 
1113; amended Pub. L. 97-22, Sec. 10(b)(3), July 10, 1981, 95 Stat. 137; 
Pub. L. 99-145, title VI, Sec. 673, Nov. 8, 1985, 99 Stat. 664; Pub. L. 
100-180, div. A, title XII, Sec. 1231(17), Dec. 4, 1987, 101 Stat. 
1161.)


                               Amendments

    1987--Subsec. (d)(1), (2). Pub. L. 100-180 inserted ``The term'' 
after each par. designation and revised first word in quotes in each 
par. to make initial letter of such word lowercase.
    1985--Subsec. (a)(1). Pub. L. 99-145 designated existing first 
sentence as subpar. (A), added subpar. (B), and incorporated existing 
second sentence as subpar. (C).
    1981--Subsec. (d)(1). Pub. L. 97-22 substituted ``section 1072(2)(D) 
of this title'' for ``section 1072(2)(E) of this title''.


                    Effective Date of 1981 Amendment

    Section 10(b) of Pub. L. 97-22 provided that the amendment made by 
that section is effective Sept. 15, 1981.

                  Section Referred to in Other Sections

    This section is referred to in section 2149 of this title.
