Apprenticeship or other on-job training

1. Law
2. USC 38
3. Veterans' Benefits
4. READJUSTMENT AND RELATED BENEFITS
5. POST-VIETNAM ERA VETERANS' EDUCATIONAL ASSISTANCE
6. ENTITLEMENT; DURATION
7. Apprenticeship or other on-job training

§3233. 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.

(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.

(Added Pub. L. 99–576, title III, §310(b)(2), Oct. 28, 1986, 100 Stat. 3271 , §1633; amended Pub. L. 101–237, title IV, §423(a)(7), Dec. 18, 1989, 103 Stat. 2091 ; renumbered §3233, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406 .)

Amendments

1991-Pub. L. 102–83 renumbered section 1633 of this title as this section.

1989-Subsec. (d). Pub. L. 101–237 added subsec. (d).

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), Dec. 10, 2004, 118 Stat. 3600 , provided that: "For months beginning on or after October 1, 2005, and before January 1, 2008, 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'."

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