U.S. Department of Veterans Affairs The Post-9/11 GI Bill Chapter 33 (Chapter 33 of title 38 U.S.C.) Post 9/11 GI Bill U.S. Department of Veterans Affairs Administrative Issues • Information contained in this briefing was compiled from information provided by the Dept. of Veterans Affairs and 38 CFR Part 21 Subpart P and is subject to change. •For specific rules and regulations, please refer to: Federal Register/Vol. 74, No. 60/ March 31, 2009, 38 CFR Part 21, Post 9/11 GI Bill; Final Rule. • Up-to-date information can be found at www.gibill.va.gov Post 9/11 GI Bill U.S. Department of Veterans Affairs Objectives This presentation will provide: • An overview of the Post-9/11 GI Bill benefit • An understanding of how this program differs from and impacts other Education benefits Post 9/11 GI Bill U.S. Department of Veterans Affairs Post-9/11 GI Bill Eligibility Criteria Individuals who served on active duty after 09/10/01 may be eligible for the Post-9/11 GI Bill if: The individual served an aggregate period of at least 90 days. Note: Exceptions are made for individuals discharged due to a service connected disability and serving at least 30 continuous days on active duty after 9/10/01. Note: Individuals did not have to make contributions towards Chapter 30 or VEAP to become Chapter 33 eligible. Post 9/11 GI Bill U.S. Department of Veterans Affairs Eligibility Criteria Qualifying active duty does not include: • Title 32 AGR; or • Service Academy Contract Period; or • ROTC contract period under 10 U.S.C. 2107(b); or • Service terminated due to an erroneous or defective enlistment; or • Service used for loan repayment; or • Selected Reserve Service used to establish eligibility under 30, 1606, or 1607. Post 9/11 GI Bill U.S. Department of Veterans Affairs Eligibility Criteria (continued) In order to retain eligibility after meeting the service requirements, an individual must: • Continue on active duty; or • Be honorably discharged from Armed Forces; or Post 9/11 GI Bill U.S. Department of Veterans Affairs Eligibility Criteria (continued) • Be honorably discharged and placed on retired list, temporary disability retired list, or transferred to Fleet Reserve or Fleet Marine Corps Reserve; or • Be honorably discharged for further service in a reserve component; or • Be discharged or released for EPTS, HDSP, or CIWD. Post 9/11 GI Bill U.S. Department of Veterans Affairs Active Duty Service Requirements After 9/10/01 an individual must serve: % of Maximum Benefit Payable At least 36 months 100 At least 30 continuous days on active duty and discharged due to service-connected disability 100 At least 30 months but less than 36 months 90 At least 24 months but less than 30 months 80 At least 18 months but less than 24 months 70 At least 12 months but less than 18 months 60 At least 6 months but less than 12 months 50 At least 90 days but less than 6 months 40 Post 9/11 GI Bill U.S. Department of Veterans Affairs Reservist/Guard Service Requirements After 9/10/01 an individual must serve: % of Maximum Benefit Payable At least 36 cumulative months 100 At least 30 continuous days on active duty and discharged due to service-connected disability 100 At least 30 cumulative months 90 At least 24 cumulative months 80 At least 18 cumulative months 70 At least 12 cumulative months 60 At least 6 cumulative months 50 At least 90 cumulative days 40 Post 9/11 GI Bill U.S. Department of Veterans Affairs Post-9/11 GI Bill Elections • An individual who has met the requirements to establish eligibility under chapter 33 and, as of August 1, 2009, is: – Eligible for either chapter 30, 1606, or 1607; or – A member of the Armed Forces and making the basic $1200 contribution toward chapter 30; or – A member of the Armed Forces who previously declined to elect chapter 30; • Must make an irrevocable election to use benefits under chapter 33. • Students should carefully consider all aspects of their educational objectives prior to making an election. Post 9/11 GI Bill U.S. Department of Veterans Affairs Post -9/11 GI Bill Period of Eligibility In general, individuals will remain eligible for benefits for 15 years from: • Date of last discharge; or • Release from active duty of at least 90 continuous days; or • Date of discharge for the last period of service used to meet the minimum service requirements for eligibility. Post 9/11 GI Bill U.S. Department of Veterans Affairs Post-9/11 GI Bill Entitlement • Individuals will generally receive 36 months of benefits. • Individuals are limited to 48 months of combined benefits under educational assistance programs administered by VA. NOTE: Individuals transferring to the Post-9/11 GI Bill from the Montgomery GI Bill (Chapter 30) will be limited to the amount of remaining Chapter 30 entitlement. Post 9/11 GI Bill U.S. Department of Veterans Affairs Transfer of Entitlement (Department of Defense Benefit) • On or after August 1, 2009, DoD may allow an individual to elect to transfer entitlement to one or more dependents if he/she— – Has served at least 6 years in the Armed Forces; and – Agrees to serve at least an additional 4 years • DoD determines eligibility for transferability and may, by regulation, impose additional eligibility requirements Post 9/11 GI Bill U.S. Department of Veterans Affairs Transfer of Entitlement (Continued) • All 36 months may be transferred, however DoD may limit the number of months transferable to no less than 18 months • Dependents able to receive benefits include a spouse and natural, adopted, or step-children • Transferees can use entitlement in the same manner as the veteran • Changes to transferred entitlement can be made at any time by written notification to DoD and VA Post 9/11 GI Bill U.S. Department of Veterans Affairs Transfer of Entitlement Spouses • Spouses can begin to use entitlement at any time following completion of Transferability Paperwork • Period of eligibility is the same as the veteran; 15 years from latest release from active duty • Transferred MGIB entitlement cannot be treated as marital property subject to division in divorce or other civil proceeding Post 9/11 GI Bill U.S. Department of Veterans Affairs Transfer of Entitlement Children • Service member must have completed at least ten years of active duty before a child can use transferred entitlement and • Child must have completed high school (or the equivalent) or reached 18 years of age • MGIB entitlement transferred to a child is not subject to the veteran’s 15 year delimiting date, but may not be used after reaching age 26 Post 9/11 GI Bill U.S. Department of Veterans Affairs Approved Programs • All programs of education approved and offered at an Institution of Higher Learning. • An Institution of Higher Learning is defined as a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate degree or higher and under authority of State law is empowered to grant an associate or higher degree. Post 9/11 GI Bill U.S. Department of Veterans Affairs Approved Programs (continued) • Eligible individuals may pursue NCD programs of education offered at an Institutions of Higher Learning under the Post-9/11 GI Bill. • Individuals who were previously eligible for chapter 30, 1606, or 1607 may continue to receive benefits for approved programs not offered by IHLs (i.e. NCD, APP/OJT, flight, correspondence, preparatory courses, and national tests) Post 9/11 GI Bill U.S. Department of Veterans Affairs Enrollment Certification • The IHL must certify the eligible individual’s enrollment before they may receive educational assistance. • Enrollment certifications will be accomplished on VA Form 22-1999 or in VA-ONCE. • An update to VA-ONCE is forthcoming. • Schools will be required to report accurate beginning and ending dates, number of credit or clock hours, and actual tuition and fees charged. Post 9/11 GI Bill U.S. Department of Veterans Affairs Enrollment Certification (cont.) • IHLs organized on a year-round basis will report on the same basis as term-based institutions unless they do not offer courses on a term, quarter, or semester basis, in which case they will report enrollment for the length of the course. • IHLs must report reductions in enrollment to VA to include the last day of attendance for the course(s) dropped or withdrawn from, the number of remaining courses as well as the charges for the courses for which still enrolled. • IHLs must also report increases in enrollment in a timely manner as well. • Accurate and timely reporting is essential! Post 9/11 GI Bill U.S. Department of Veterans Affairs Post-9/11 GI Bill Benefit Payments • Tuition and Fees Charged www.gibill.va.gov • Monthly Housing Allowance (MHA) • Stipend for Books and Supplies Post 9/11 GI Bill U.S. Department of Veterans Affairs Course Measurement • Measurement of training time obtained for credit hour programs and conversion of clock hour programs to credit hours is found in §21.9750. • 14 credit hours are full-time, unless the institution of higher learning certifies that all undergraduate students enrolled for 13 credit hours, or for 12 credit hours, are charged fulltime tuition or considered full-time for other administrative purposes. Post 9/11 GI Bill U.S. Department of Veterans Affairs Rate of Pursuit • The measure of training time obtained by dividing the number of credit hours (or clock hour equivalent) an individual is enrolled in by the number of credit hours (or clock hour equivalent) considered to be full-time at the institution of higher learning. The resulting percentage (rounded to the nearest hundredth) will be the individual’s rate of pursuit. • VA will consider any rate of pursuit greater than 50 percent to be more than one-half time training. Post 9/11 GI Bill U.S. Department of Veterans Affairs Definition of ‘Charges’ for chapter 33 • Established charges – The actual charge for tuition and fees that similarly circumstanced nonveterans enrolled in the program of education are required to pay. Post 9/11 GI Bill U.S. Department of Veterans Affairs Definition of ‘Fees’ for chapter 33 • Fees are defined as mandatory charges (other than tuition, room, and board) that are applied by the IHL for pursuit of an approved program of education, to include such fees as: • Health premiums • Freshman fees • Graduation fees • Lab fees Post 9/11 GI Bill U.S. Department of Veterans Affairs Post-9/11 GI Bill Tuition & Fees Charged • Individuals not on active duty are eligible for the applicable percentage (based on aggregate active duty service) of the lesser of: Tuition and fees charged; or Highest amount of tuition and fees charged for full-time, undergraduate training at a public IHL in the State the student is attending. (Determined by the State Approving Agency) Note: Tuition & Fees payments are made directly to the school, by electronic fund transfer for each individual student. Post 9/11 GI Bill U.S. Department of Veterans Affairs Tuition & Fees Charged (continued) • Individuals on active duty are eligible for the applicable percentage (based on aggregate active duty service) of the lesser of— Tuition and fees charged; or Tuition and fees charges minus any military tuition assistance (TA) received. Note: Tuition & Fees payments are made directly to the school, by electronic fund transfer for each individual student. Post 9/11 GI Bill U.S. Department of Veterans Affairs Tuition & Fees Charged (continued) • VA will pay based on the amount the student is charged, not the amount the student has remaining after State and other programs have contributed funds. • Schools should certify the total amount of tuition and the total amount of fees that a student is charged. • The amount reported to the VA should not be reduced for pending or subsequent payments to be credited to the student’s account from State programs, scholarships, grants, or any title IV funds (including Pell Grants). Post 9/11 GI Bill U.S. Department of Veterans Affairs Tuition & Fees Charged (continued) • If the State reimburses the institution and/or veteran for tuition and fees after the individual has been billed, then the institution should report to the VA the original amount charged to the student. • The amount of tuition and fees submitted to VA in these instances should not be reduced based on any additional funds received that will reduce the student’s out-of-pocket expenses. • *Does not include study abroad course(s) unless the course(s) is mandatory for completion of the approved program of education. Post 9/11 GI Bill U.S. Department of Veterans Affairs Tuition & Fees Charged (continued) • Tuition and fee payments will be issued to the school on behalf of each eligible student via Electronic Funds Transfer (EFT). (Email ch33schools@va.gov for information on setting up or changing EFT.) • If EFT information is unavailable, payments will be sent to the mailing address of the school on file in the Web-Enabled Approval Management System (WEAMS). • Payments will include student identification information and the semester, quarter or term the payment is covering. Post 9/11 GI Bill U.S. Department of Veterans Affairs Monthly Housing Allowance Equivalent to Basic Allowance for Housing (BAH) for an E-5 with dependents • Amount determined by zip code of the IHL where the student is enrolled http://perdiem.hqda.pentagon.mil/perdiem/bah.html • Prorated based on the percentage of the maximum benefit payable • Active duty members and anyone training at 50 % or less, and those pursuing exclusively distance learning are not eligible for the monthly housing allowance. Note: Benefit payments are paid monthly, directly to the student. Due to system limitations, students will be unable to verify enrollment monthly, however they remain responsible for notifying the VA and certifying officials of changes in enrollment. Post 9/11 GI Bill U.S. Department of Veterans Affairs Books & Supplies Stipend • Maximum payment of $1,000 per year – $41.67 per credit hour (at the 100% rate) – Up to 24 credits in a single academic year – Lump sum payment (each quarter, semester or term attended) • Prorated based on the percentage of the maximum benefit payable. • Active duty members are not eligible. Note: Benefit payments are paid directly to the student. Post 9/11 GI Bill U.S. Department of Veterans Affairs Other Benefits and Payments • Interval payments – payment of the Monthly Housing Allowance may be allowed during intervals. • Work-Study – individuals training at a rate of pursuit of at least 75% may participate in Work-Study. • Tutorial Assistance – individuals training at a rate of pursuit of at least 50% may be eligible to receive Tutorial Assistance. Post 9/11 GI Bill U.S. Department of Veterans Affairs Refund of Chapter 30 Contributions • A proportional amount of the basic $1200 contribution will be included in the last monthly housing allowance payment when chapter 33 entitlement exhausts. • Individual must be receiving MHA to receive a refund. • Individuals who do not exhaust entitlement under chapter 33 will not receive a refund of contributions paid under chapter 30. • Refund of the additional $600 “Buy-up” contribution is not authorized. Post 9/11 GI Bill U.S. Department of Veterans Affairs Yellow Ribbon Program • IHLs may voluntarily enter into an agreement with VA to allow the two parties to provide matching funds to cover a portion of the established charges above the highest public in-state undergraduate tuition rate. • Only individuals entitled to the 100 percent benefit rate (based on service requirements) may receive this funding. • VA will match each additional dollar that an institution contributes toward an eligible student’s established charges, up to the difference between the student’s VA benefit and the total cost of established charges. Post 9/11 GI Bill U.S. Department of Veterans Affairs Yellow Ribbon Program (Continued) • VA will enter into an agreement with an eligible IHL seeking to participate in the Yellow Ribbon Program based on a general agreement format developed by VA in which the IHL must agree to provide contributions to eligible individuals. See Yellow Ribbon Program – Information for Schools • A separate electronic payment will be issued for the Yellow Ribbon amount to the school for the individual student. • Individuals receiving transferred benefits from a service member may also be eligible for the Yellow Ribbon Program. Post 9/11 GI Bill U.S. Department of Veterans Affairs Yellow Ribbon Program (Continued) • The most current list of colleges and universities participating in the Yellow Ribbon Program will be available at VA’s Web Site www.gibill.va.gov (link can be found at “Education Benefits” and then “Yellow Ribbon Program Information” . • The list will include specific information on each school’s agreement with VA. • E-mail any questions to: yellow.ribbon@va.gov Post 9/11 GI Bill U.S. Department of Veterans Affairs Yellow Ribbon Application & Certification Process • Participating institutions will offer Yellow Ribbon to eligible students on a first-come, first served basis IAW school policy. • VA-ONCE modifications will allow schools to certify students for Yellow Ribbon. • VA will verify student’s eligibility for Yellow Ribbon and process payments. • VA will provide notification to student, including decision regarding Yellow Ribbon. Post 9/11 GI Bill U.S. Department of Veterans Affairs Post 9/11 Payment Process Payment Type Active Duty Pursuit at more than 50% Distance Learning Only Pursuit at 50% or less Tuition & Fees (Paid Each Term to School) ‘MHA’ (Paid Monthly to Student) N/A N/A N/A Books Stipend (Paid Each Term to Student) N/A Post 9/11 GI Bill U.S. Department of Veterans Affairs Benefits Overpayment • VA will determine the amount of an overpayment for an individual in receipt of chapter 33 benefits as follows: – An individual who does not complete one or more courses in the certified period of enrollment, and does not substantiate ‘mitigating circumstances’ for not completing those courses, will be charged an overpayment equal to the amount of ALL educational assistance (T&F, MHA, and book stipend) paid for such course(s) that were not completed for that period of enrollment. Post 9/11 GI Bill U.S. Department of Veterans Affairs Benefits Overpayment (Continued) • For individuals who provide mitigating circumstances, VA will prorate the amount of educational assistance to which the student is entitled. (T&Fs and MHA will be prorated, repayment of book stipend will be excused.) • The veteran is responsible for outstanding overpayments incurred as a result of course reduction or withdrawal. • In the event a veteran does not complete a course, schools should follow their established refund policy. Bottom Line: Tuition and Fee payments are paid to the school on behalf of the student, but all VA overpayments for Tuition and Fees will be charged to the student. Post 9/11 GI Bill U.S. Department of Veterans Affairs Benefits Overpayment (Continued) • In the event a student does not complete a course, the student may (or may not) receive a refund from the school. If the student is due a refund in accordance with school policy, the school will issue the refund to the student, not to the VA. Bottom Line: If an overpayment is charged, the student will make repayment arrangements with VA’s Debt Management Center (DMC) regardless of whether or not a refund was received from the school. Post 9/11 GI Bill U.S. Department of Veterans Affairs Benefits Overpayment (Continued) If an overpayment is charged, VA will notify the student. • Overpayment notifications will inform the student of the overpayment amount and whom to contact to establish a repayment schedule or request a waiver. • VA overpayments are collected by Debt Management Center (DMC) from numerous sources of federal funds due the veteran. Post 9/11 GI Bill U.S. Department of Veterans Affairs Benefits Overpayment (Continued) • Generally, overpayments will not be collected from the veteran during the due process period, which is 30 days from the day of notification of the debt. Note: It is extremely important that schools adjust enrollment certifications in a timely manner (less than 30 days from the date of the adjustment). Bottom Line: Students with existing overpayments on their record may continue to attend school; however, their future benefit payments (including Tuition and Fees) may be applied to the overpayment until it is repaid. Post 9/11 GI Bill U.S. Department of Veterans Affairs Benefits Overpayment (Continued) • Generally, an overpayment of educational assistance paid to the IHL on behalf of an eligible individual constitutes a liability of that individual, unless the individual never attended the term, quarter, or semester certified by the IHL. • When an individual never attends a term, quarter, or semester certified by the IHL, the institution must return to the VA all education assistance received under the provisions of Chapter 33 on behalf of the individual. Post 9/11 GI Bill U.S. Department of Veterans Affairs Chapter 33 Implementation Effective May 1, 2009 • VA began processing applications for Chapter 33 Certificates of Eligibility (COE). • COE will be sent to the eligible individual and will indicate Percentage of Maximum Benefit Payable, number of months of entitlement, ending period of eligibility and indicate if school is Yellow Ribbon eligible. • VA will not send COE to school. Student will be responsible for providing a copy of their COE to the institution. Post 9/11 GI Bill U.S. Department of Veterans Affairs Chapter 33 Implementation (Continued) • VA plans on accepting Fall 2009 (and Summer 2009) enrollment certifications beginning July 6, 2009. • No chapter 33 payments can be released prior to August 1, 2009. • No payments under chapter 33 can be issued for training pursued prior to August 1, 2009. • At this time, Advance Payment will not be available for chapter 33. (This may change in the future.) • Payments for the Monthly Housing Allowance will be made to each eligible student at the end of each month that they are in attendance. Post 9/11 GI Bill U.S. Department of Veterans Affairs References • Visit our website at: www.gibill.va.gov – Sign up for FAQ updates! • GI Bill Hotline: 1-888-GIBILL-1 (1-888-442-4551) Post 9/11 GI Bill U.S. Department of Veterans Affairs Post 9/11 GI Bill