S.Amdt. 5908

SA 5908 aims to change the law by adding a new section to the United States Code that allows certain veterans to transfer their unused Post-9/11 Educational Assistance to family members.

The purpose of this amendment is to provide the following:

• Eligibility: It allows veterans who were awarded the Purple Heart for service occurring on or after September 11, 2001 (after being discharged or released from active military, naval, air, or space service) to transfer a portion of their education benefits.
• Transfer Limits: Veterans can transfer up to 36 months of entitlement to one or more eligible dependents.
• Control and Protection: The veteran can modify or revoke the transfer at any time with written notice. Additionally, these transferred benefits cannot be treated as marital property to be divided during a divorce or civil proceeding.
• Usage Rules for Children: Children generally cannot use the benefits until they are 18 years old or have a secondary school diploma. While they usually must use the benefits by age 26, exceptions are made for those acting as primary caregivers for seriously injured veterans or members of the Armed Forces, or in certain emergency situations.
• Death of the Veteran: If the veteran dies, the transfer is not affected. If they died before designating a recipient, the benefits are distributed evenly among eligible dependents.
• Payment: The dependent receives the assistance at the same rate the veteran would have received.