A. Subject to the provisions of this section, the Adjutant General may permit a qualifying member described in Section 18 of this act who is entitled to education assistance under this act to elect to transfer to one or more of the dependents specified in subsection C of this section a portion of such individual's entitlement to such assistance, subject to the limitation under subsection D of this section. B. An individual referred to in subsection A of this section is any member of the uniformed services who, at the time of the approval of the individual's request to transfer entitlement to educational assistance under this section, has completed at least: 1. Six (6) years of service in the Oklahoma National Guard and enters into an agreement to serve at least four (4) more years as a member of the uniformed services; or 2. The years of service as determined in regulations pursuant to subsection J of this section. C. Eligible dependents. 1. An individual approved to transfer an entitlement to educational assistance under this section may transfer the individual's entitlement to an eligible dependent or a combination of eligible dependents. 2. For purposes of this subsection, the term "eligible dependent" has the meaning given the term "dependent" under subparagraphs A, D, and I of Section 1072(2) of Title 10 of the United States Code. D. Limitation of months of transfer. The total number of months of entitlement transferred by an individual under this section may not exceed thirty-six (36) months. The Adjutant General may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than eighteen (18) months. E. Designation of transferee. An individual transferring an entitlement to education assistance under this section shall: 1. Designate the dependent or dependents to whom such entitlement is being transferred; and 2. Designate the number of months of such entitlement to be transferred to such dependent. F. Time for transfer; revocation and modification: 1. Subject to the time limitation for use of entitlement under this act, and except as provided in subsection K or L of this section, an individual approved to transfer entitlement to educational assistance under this section may transfer such entitlement only while serving as a member of the Oklahoma National Guard when the transfer is executed. 2. An individual transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. The modification or revocation of the transfer of entitlement under this subsection shall be made by the submittal of written notice of the action to the Adjutant General and Governor. 3. Entitlement transferred under this section may not be treated as marital property, or the asset of a marital estate, subject to division in a divorce or other civil proceeding. G. A dependent to whom entitlement to educational assistance is transferred under this section may not commence the use of the transferred entitlement until: 1. In the case of entitlement transferred to a spouse, the completion by the individual making the transfer of at least: a. six (6) years of service in the National Guard, or b. the years of service as determined in regulations pursuant to subsection J of this section; or 2. In the case of entitlement transferred to a child, both: a. the completion by the individual making the transfer of at least: (1) six (6) years of service in the National Guard, or (2) the years of service as determined in regulations pursuant to subsection J of this section, or b. either: (1) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate), or (2) the attainment by the child of eighteen (18) years of age. H. Additional Administrative Matters. 1. The use of any entitlement to educational assistance transferred under this section shall be charged against the entitlement of the individual making the transfer at the rate of one (1) month for each month of transferred entitlement that is used. 2. Except as provided under paragraph 2 of subsection E of this section and subject to paragraphs 5 and 6 of this subsection: a. in the case of entitlement transferred to a spouse under this section, the spouse is entitled to educational assistance under this chapter in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty, b. in the case of entitlement transferred to a child under this section, the child is entitled to educational assistance under this act in the same manner as the individual from whom the entitlement was transferred as if the individual were not on active duty. 3. The monthly rate of education assistance payable to a dependent to whom entitlement referred to in paragraph 2 of this subsection is transferred under this section shall be payable: a. in the case of a spouse, at the same rate as such entitlement would otherwise be payable under this act to the individual making the transfer as if the individual were not on active duty, and b. in the case of a child, at the same rate as such entitlement would otherwise be payable under this act to the individual making the transfer as if the individual were not on active duty. 4. Death of transferor: The death of an individual transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. a. Death prior to transfer to designated transferees: In the case of an eligible individual whom the Adjutant General has approved to transfer the individual's entitlement under this section who, at the time of death, is entitled to educational assistance under this act and has designated a transferee or transferees under subsection E of this section but has not transferred all of such entitlement to such transferee or transferees, the Adjutant General shall transfer the entitlement of the individual under this section by evenly distributing the amount of such entitlement between all such transferees who would not be precluded from using some or all of the transferred benefits due to the expiration of time limitations found in paragraph 5 of this subsection notwithstanding the limitations under subsection F of this section. b. If a transferee cannot use all of the transferred benefits under subparagraph a of this subsection because of expiration of a time limitation, the unused benefits will be distributed among the other designated transferees who would not be precluded from using some or all of the transferred benefits due to expiration of time limitations found in paragraph 5 of this subsection, unless or until there are no transferees who would not be precluded from using the transferred benefits because of expiration of a time limitation. 5. Limitation on age of use by child transferees. a. In general. A child to whom entitlement is transferred under this section may use the benefits transferred without regard to the fifteen-year delimiting date specified in this act, but may not, except as provided in subparagraph b or c of this paragraph, use any benefits so transferred after attaining the age of twenty-six (26) years. b. Primary caregivers of seriously injured members of the armed forces and veterans. (1) In general. Subject to division (2) of this subparagraph, in the case of a child who, before attaining the age of twenty-six (26) years, is prevented from pursuing a chosen program of education by reason of acting as the primary provider of personal care services for a veteran or member of the Oklahoma National Guard, the child may use the benefits beginning on the date specified in division (3) of this subparagraph for a period whose length is specified in division (4) of this subparagraph. (2) Inapplicability for revocation. Division (1) of this subparagraph shall not apply with respect to the period of an individual as a primary provider of personal care services if the period concludes with the revocation of the individual's designation as such a primary provider. (3) Date for commencement of use. The date specified in this division for the beginning of the use of benefits by a child under division (1) of this subparagraph is the later of: (a) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member concerned as described in division (1) of this subparagraph, (b) the date on which it is reasonably feasible, as determined under regulations prescribed by the Adjutant General, for the child to initiate or resume the use of benefits, or (c) the date on which the child attains the age of twenty-six (26) years. 6. Length of use. The length of the period specified in this paragraph for the use of benefits by a child under division (1) of subparagraph b of paragraph 5 of this section is the length equal to the length of the period that: a. begins on the date on which the child begins acting as the primary provider of personal care services for the veteran or member concerned as described in division (1) of subparagraph b of paragraph 5 of this section, and b. ends on the later of: (1) the date on which the child ceases acting as the primary provider of personal care services for the veteran or member as described in division (1) of subparagraph b of paragraph 5 of this section, or (2) the date on which it is reasonably feasible, as so determined, for the child to initiate or resume the use of benefits; or c. in any case in which the Adjutant General determines that an individual to whom entitlement is transferred under this section has been prevented from pursuing the individual's chosen program of education before the individual attains the age of twenty-six (26) years because the educational institution or training established closed (temporarily or permanently) under an established policy based on an executive order of the Governor or due to an emergency situation, the Adjutant General shall extend the period during which the individual may use such entitlement for a period equal to the number of months that the individual was so prevented from pursuing the program of education, as determined by the Adjutant General. 7. The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). 8. The administrative provisions of this act shall apply to the use of entitlement transferred under this section, except that the dependent to whom the entitlement is transferred shall be treated as the eligible individual for purposes of such provisions. I. Overpayment. 1. Subject to paragraph 2 of this subsection, in the event of an overpayment of educational assistance with respect to a dependent to whom entitlement is transferred under this section, the dependent and the individual making the transfer shall be jointly and severally liable to the State of Oklahoma for the amount of the overpayment. 2. Failure to complete service agreement. a. Except as provided in subparagraph b of this paragraph, if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under division (1) of subsection b of this paragraph in accordance with the terms of the agreement of the individual under that subsection, the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance for which the individual shall be solely liable to the State of Oklahoma for the amount of the overpayment for purposes of this act in the case of an individual who fails to complete service agreed to by the individual: (1) by reason of death of the individual, or (2) for a reason referred to in this act. J. Regulations. 1. The Adjutant General shall prescribe regulations for purposes of this section. 2. Such regulations shall specify: a. the manner of authorizing the transfer of entitlements under this section, b. the eligibility criteria in accordance with subsection B of this section, and c. the manner and effect of an election to modify or revoke a transfer of entitlement under paragraph 2 of subsection F of this section. 3. The Adjutant General may not prescribe any regulation that would provide for a limitation on eligibility to transfer unused education benefits to family members based on a maximum number of years in the Oklahoma National Guard. K. In the case of a dependent to whom entitlement to educational assistance is transferred under this section who dies before using all of such entitlement, the individual who transferred the entitlement to the dependent may transfer any remaining entitlement to a different eligible dependent, notwithstanding whether the individual is serving as a member of the Armed Forces when such transfer is executed. L. In the case of an individual who transfers entitlement to educational assistance under this section who dies before the dependent to whom entitlement to educational assistance is so transferred has used all of such entitlement, such dependent may transfer such entitlement to another eligible dependent in accordance with the provisions of this section.
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