§ 21.7636. Rates of payment.
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/us/cfr/t38/s§ 21.7636·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Monthly rate of educational assistance. VA will publish the monthly rates of basic educational assistance payable under this section on the GI Bill education and training website each time there is an increase in the rates.
(1)Institutional training. Except as otherwise provided in this section or in § 21.7639, the monthly rate of basic educational assistance payable to a reservist pursuing institutional training will be the applicable rate provided in 10 U.S.C. 16131(b)(1), as increased each fiscal year in accordance with 10 U.S.C. 16131(b)(2). The rate of pursuit will be determined in accordance with § 21.4270.
(2)Apprenticeship and other on-the-job training.
(i)The monthly rate of basic educational assistance payable to a reservist pursuing apprenticeship or other on-the-job training will be a percentage of the full-time rate determined in paragraph (a)(1) of this section. In accordance with 10 U.S.C. 16131(d)(1), VA will determine the monthly rate payable by multiplying the full-time monthly rate payable to the reservist by the applicable percentage based on the reservist's training period as follows: ::: {width="100%"} ::: {.table_head} Table 1 to Paragraph (a)(2)(i) ::: ::: {.gpotbl_div} Training Percentage of monthly rate payable First six months of training 75 Second six months of training 55 Remaining pursuit of training 35 ::: :::
(ii)Full-time training will consist of the number of hours which constitute the standard workweek of the training establishment, but not less than 30 hours unless a lesser number of hours is established as the standard workweek for the particular establishment through bona fide collective bargaining between employers and employees.
(3)Cooperative training. The monthly rate of basic educational assistance payable to a reservist pursuing cooperative training will be equal to the applicable full-time monthly rate determined in paragraph (a)(1) of this section. (Authority: 10 U.S.C. 16131)
(b)Increase ("kicker") in educational assistance rates.
(1)The Secretary of the military department concerned may increase the amount of educational assistance stated in paragraph
(a)of this section that is payable to a reservist who has a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit, or, in the case of critical units, retain personnel.
(2)The Secretary of the military department concerned---
(i)Will set the amount of the increase ("kicker") for full-time training, but the increase ("kicker") may not exceed \$350 per month; and
(ii)May set the amount of the increase ("kicker") payable, for a reservist pursuing a program of education less than full time or pursuing an apprenticeship or other on-job training, at an amount less than the amount described in paragraph (b)(2)(i) of this section. (Authority: 10 U.S.C. 16131(i)(1))
(c)Limitations on payments. VA may withhold final payment until VA receives proof of the reservist's enrollment and adjusts the reservist's account. (Authority: 10 U.S.C. 16136(b); 38 U.S.C. 3680(g)) \[61 FR 29305, June 10, 1996, as amended at 62 FR 27964, May 22, 1997; 62 FR 55520, Oct. 27, 1997; 62 FR 66278, Dec. 18, 1997; 64 FR 26297, May 14, 1999; 65 FR 59127, Oct. 4, 2000; 65 FR 60499, Oct. 11, 2000; 66 FR 38937, July 26, 2001; 67 FR 6655, Feb. 13, 2002; 68 FR 42978, July 21, 2003; 69 FR 62205, Oct. 25, 2004; 72 FR 39563, July 19, 2007; 84 FR 22373, May 17, 2019\]
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