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Post 9/11 GI Bill (Chapter 33) NYS Division of Veterans’ Affairs
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Page 1: Post911 GI Bill

Post 9/11 GI Bill(Chapter 33)

NYS Division of Veterans’ Affairs

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Student Experience TimelineVA begins processing applications for Certificates of Eligibility May 1, 2009

• Eligibility data provided from DoD via existing feed• VA mails C of E to student showing:

• Months of entitlement, Tier of eligibility, Delimiting date

Veteran enrolls in school and provides C of E to school May-Jul 2009

VA begins accepting enrollment information from schools Jul 6, 2009• School reports enrollment and charges to VA via existing• mechanism (VAOnce)

VA begins processing claims Jul 6, 2009• VA pays first tuition and fees payments to schools Aug 3, 2009• VA pays first books and supplies stipend to student Aug 3, 2009• VA provides notice to student of:

• Tuition and fee payment amount• Book stipend payment amount• Monthly housing payment amount• Need to notify VA of changes in enrollment• Obligation to repay any O/P resulting from changes in training

VA pays partial housing allowance for August attendance Sep 1, 2009VA pays first full monthly housing allowance Oct 1, 2009

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Beneficiaries by Training TypeBeneficiaries by Training Type

Beneficiaries by Training Type for Fiscal Year 2008: Montgomery GI Bill (MGIB), Reserve Educational

Assistance Program (REAP), MGIB-Selected Reserve

4-year college46%

2-year college36%

Graduate8%

Graduate

4-year college

2-year college

NCD

Apprenticeship

On-the-Job Training

Correspondence

Licensure andCertificationTution Assistance TopUpFlight

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Education Benefit ProgramsEducation Benefit Programs

• Post-9/11 GI Bill (chapter 33)• Montgomery GI Bill—Active Duty (MGIB-AD, MGIB, or chapter 30)• Montgomery GI Bill—Selected Reserve (MGIB-SR or chapter 1606)

• DoD program - VA administers for DoD• Reserve Educational Assistance (REAP or chapter 1607)

• DoD program - VA administers for DoD• Post-Vietnam Era Veterans’ Educational Assistance Program (VEAP

or chapter 32)• National Call to Service (NCS)

• DoD program - VA administers for DoD• Survivors’ and Dependents’ Educational Assistance (DEA or chapter

35)

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Post-9/11 GI Bill EligibilityPost-9/11 GI Bill Eligibility

An individual who served on active duty after 09/10/01 may be eligible for the Post-9/11 GI Bill if the individual—

Served for an aggregate period of at least 90 days.

Exception: An individual discharged due to a service-connected disability after serving at least 30 continuous days on active duty after 9/10/01, may also be eligible.

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Eligibility CriteriaEligibility Criteria

*Excludes time in Basic Military Training and/or Skill Training

Service Requirements

(after 9/10/01 an individual must serve an

aggregate of)

Payment Tiers Percentage

At least 36 months 100

At least 30 continuous days on active duty

(Must be 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 06 months, but less than 12 months 50

*At least 90 days, but less than 06 months 40

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Payment TiersPayment Tiers

Calculating qualifying service to determine tier level—

Less than 24 months: Entry level training and skill training performed after 9/10/01 must be excluded from the total aggregate service.

At least 24 months but less than 30 months: VA must exclude entry level and skill training time to see if the individual qualifies at the 70% tier level. If so, VA must pay 70% instead of 80%.

At least 30 months of service: Entry level and skill training is included in total service.

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Qualifying active duty does not include the following: 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 chapter 30, 1606, or 1607.

Eligibility CriteriaEligibility Criteria

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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

Be honorably discharged for further service in a reserve component; or

Be honorably discharged and placed on the retired list, temporary disability retired list, transferred to Fleet Reserve, or to Fleet Marine Corps Reserve; or

Be discharged or released for: – Injury Existing Prior to Service (EPTS), – Hardship (HDSP), or – Condition Interfered with Service (CIWD)

Eligibility CriteriaEligibility Criteria

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Period of EligibilityPeriod of Eligibility

Generally, individuals will remain eligible for benefits for 15 years from:

Date of last discharge from active duty service of at least 90 continuous days.

If an individual establishes eligibility for the Post-9/11 GI Bill by aggregating multiple periods of active duty service of less than 90 days each, the individual will have 15 years from the last period of service used to meet the minimum service requirements for eligibility.

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Post-9/11 GI Bill ElectionsPost-9/11 GI Bill Elections

An individual who, as of August 1, 2009, is— Eligible for MGIB-AD (chapter 30), MGIB-SR (chapter 1606) or

REAP (chapter 1607); A member of the Armed Forces who is eligible to receive chapter

30 benefits and who is making the basic $1200 contribution toward chapter 30; or

A member of the Armed Forces who previously declined to elect chapter 30

AND who is eligible for chapter 33 (on the date of election), may elect chapter 33 in lieu of either chapter 30, 1606, or 1607. The election is an irrevocable election.

Election must be in writing Use newly revised VA Form 22-1990 (will be available on VA’s

website by May 1st)

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Things to Consider When ElectingThings to Consider When Electing

If tuition is waived at your school (you are not charged), you are enrolled more than ½ time, and you are not on active duty or taking all of your classes online, then you should consider—

– Whether or not the housing stipend for your school’s ZIP code is more than your MGIB, MGIB-SR, or REAP monthly amount (if you paid $600 for “buy-up,” include appropriate amount per month, up to $150 for full-time training).

– If you are not eligible for the 100% tier (based on your length of service), reduce the amount of the monthly housing stipend by the appropriate percentage (40%-90%) and compare to MGIB, MGIB-SR, or REAP (include buy-up) monthly amount.

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If tuition is waived at your school (you are not charged) and you are enrolled at exactly ½ time training, you should consider the following—

– You are not eligible to receive a tuition and fees payment or the monthly housing allowance under chapter 33.

– You will be able to receive the monthly rate payable for ½ time training (including an increase for the $600 buy-up, if applicable) under the program you are currently eligible for (MGIB, MGIB-SR, or REAP) if you do not elect chapter 33.

Things to Consider When ElectingThings to Consider When Electing

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• The ending date of your period of eligibility for your current benefit (e.g., 10 years for MGIB) and the ending date you would receive under chapter 33.

• Individuals will receive the same amount for MGIB and MGIB-SR kickers whether they receive a lump sum payment under chapter 33 or monthly payments under their existing program.

Things to Consider When ElectingThings to Consider When Electing

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Generally, entitlement provisions under the Post-9/11 GI Bill are similar to those under other education benefit programs:

Individuals may receive up to 36 months of benefits;

If an individual’s entitlement exhausts during a quarter or semester, benefits may be extended until the end of the term (except for dependents using TOE);

Individuals eligible for more than one program administered by VA are limited to 48 months of benefits using a combination of programs.

EntitlementEntitlement

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EXCEPTION: Individuals transferring to the Post-9/11 GI Bill from the Montgomery GI Bill (chapter 30) will be limited to the amount of their remaining chapter 30 entitlement.

This provision applies when an individual:

Is eligible for MGIB-AD on August 1, 2009; Is eligible for the Post-9/11 GI Bill on the date of the

election; and Elects to receive Post-9/11 GI Bill benefits in lieu of MGIB-

AD benefits.

NOTE: This provision does not prevent an individual who is eligible for more than one benefit program from receiving a maximum of 48 months of combined benefits.

EntitlementEntitlement

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Approved ProgramsApproved Programs

• All programs approved under chapter 30 and offered at an institution of higher learning (IHL). IHLs are degree granting institutions.

• Individuals who were previously eligible for chapter 30, 1606, or 1607 may continue to receive benefits for approved programs not offered by IHLs (flight*, correspondence, apprenticeship/on-the-job training, preparatory courses, and national tests)

– Individuals will be paid AS IF they are still receiving benefits under chapter 30, 1606, or 1607

– No books and supplies stipend or housing allowance.

* Flight may be approved under chapter 33 if part of a degree program at an IHL.

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Benefit PaymentsBenefit Payments

Tuition and Fees

Monthly Housing Allowance

Books and Supplies Stipend

Kickers/College Fund/”Buy-Up”

Yellow Ribbon Program

Miscellaneous Payments

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Chapter 33 Effective Date Chapter 33 Effective Date

August 1, 2009

Chapter 33 benefits can be paid for training pursued on or after August 1, 2009. No payments may be made for training pursued before that date.

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Tuition and FeesTuition and Fees

• Established charges means the actual charge for tuition and fees that similarly circumstanced nonveterans enrolled in the program of education are required to pay.

• Fees means any mandatory charges (other than tuition, room, and board) that are applied by the institution of higher learning for pursuit of an approved program of education. Fees include, but are not limited to: – health premiums, – freshman fees, – graduation fees, and – lab fees.

• Fees do not include those charged for a study abroad course(s) unless the course(s) is a mandatory requirement for completion of the approved program of education.

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Tuition and FeesTuition and Fees

• Schools must report charged tuition and fees.

• State benefits are governed by State law:– - If State prohibits public IHL from charging student tuition

(and/or fees), no charges should be reported to VA.– - If State waives tuition (and/or fees) after the student is charged,

tuition and fees should be reported to VA.

• VA cannot consider financial aid or scholarships when determining a student’s payment.

– - Financial aid offices are responsible for determining if an individual remains entitled to aid or scholarships based on VA benefits.

– - VA does consider federal military tuition assistance (TA) when an individual requests “Top-Up”.

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• Individuals on active duty are eligible for the lesser of:– Tuition and fees charged; or– The amount of charges that exceed the amount paid by the

military’s federal tuition assistance (TA).

• 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 per credit hour and fees per term

charged for full-time, undergraduate training at a public institution of higher learning in the state where the student is enrolled.

Note: Tuition and Fees payments are paid directly to the school.

Tuition and FeesTuition and Fees

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• An individual eligible for the 100% tier will have all tuition and fees* paid if he or she is—

– - Enrolled at a public institution; – - In an undergraduate program; and– - Charged in-State tuition and fees.

• An individual at one of the 40%-90% tiers, enrolled as above, will receive 40%-90% of the charged tuition and fees*

*Assumes the individual has months of entitlement available for the enrollment period

Tuition and FeesTuition and Fees

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• VA lists each State’s maximum amount of in-State tuition per credit hour on the GI Bill website

• VA compares actual tuition charged per credit hour vs. maximum in-State tuition payable per credit hour and then pays the lesser amount

EXAMPLE: Maximum in-State tuition rate is $500 per credit hour. Joe is at the 100% tier for chapter 33. Joe’s school reports he is enrolled in 15 credit hours for the Fall ‘09 semester and is charged $3,000 tuition.

–Determine in-State maximum: $500 x 15 = $7,500.–VA pays lesser amount: $3,000.

Tuition and FeesTuition and Fees

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• VA lists each State’s maximum fees per term (for a quarter, semester, or non-standard term) on the GI Bill website

• VA compares actual fees charged for term vs. maximum in-State fees per term and pays the lesser amount

EXAMPLE (cont.): Maximum in-State fees rate is $1,000 per term. Joe’s school reports he was charged $900 in fees for the Fall ‘09 semester.

–VA pays lesser amount: $900

Joe is eligible at 100% tier level (based on length of service), so his total T&F payment = $3,900 for Fall ’09.

Tuition and FeesTuition and Fees

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Calculating tuition and fees payment if individual has less than 36 months of service:

Using previous example, except Joe is eligible for 50% tier

VA determined 100% tier payment is $3,000 for tuition and $900 for fees

50% of those amounts is $1,500 for tuition and $450 for fees

Total due to Joe at 50% tier is $1,950

VA pays $1,950 to school on behalf of Joe

Tuition and FeesTuition and Fees

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Changes to VA-Once will allow schools to submit:

– Tuition and Fees amounts separately.

– The dollar amount the school will contribute for a student who is eligible to participate in the Yellow Ribbon program.

Tuition and FeesTuition and Fees

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Tuition & Fees Payment to Tuition & Fees Payment to SchoolsSchools

Benefit payments made to the school will be direct deposited via Electronic Funds Transfer (EFT).– If EFT payment information is unavailable, payment will be

sent to the school’s mailing address as currently on file in WEAMS.

– Payments will include student identification information as well as the semester, quarter, or term the payment is covering.

Very Important: It is critical that schools ensure their EFT data is current. If EFT data changes, it is imperative the schools notify VACO immediately.

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Monthly Housing AllowanceMonthly Housing Allowance

Equivalent to the Basic Allowance for Housing (BAH) for an E-5 with dependents.

• Amount determined by ZIP code of the IHL where the student is enrolled (Student does not have to live in same ZIP code)– http://perdiem.hqda.pentagon.mil/perdiem/bah.html

• Prorated based on the percentage of the individual’s payment tier (i.e.: 40% to 100%).

• Active duty members, anyone training at ½ time or less, and those pursuing training solely by distance learning are not eligible for the monthly housing allowance.

Note: Housing allowance payments are paid directly to the eligible person on a monthly basis.

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• Individual does not have be paying rent, room and board, or mortgage to qualify

• If a husband and wife are each eligible for chapter 33 and attending school more than ½ time, then each of them may be paid a separate monthly housing allowance

• Three children living at home using transferred benefits could also each receive a monthly housing allowance

Monthly Housing AllowanceMonthly Housing Allowance

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Parent/Supplemental SchoolsParent/Supplemental Schools

Parent/Supplemental School – Individuals will be paid based on enrollment at each school, even if in different states:

– Tuition and fees paid to each school that submits enrollment certification

– Monthly housing allowance paid based on primary school or based on where resident courses are being pursued

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Books and Supplies StipendBooks and Supplies Stipend

• Up to $1,000 per academic year– - $41.67 per credit hour– - Up to 24 credit hours in a single academic year– - Lump sum payment (each quarter, semester or

term attended) paid directly to the individual

• Pro-rated based on the percentage of the maximum benefit payable

• Active duty members are not eligible

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Kickers/College Fund/”Buy-up”Kickers/College Fund/”Buy-up”

• MGIB (ch30) or MGIB-SR (ch1606) kickers

– Paid in lump sum to student each enrollment period based on rate of pursuit

– Paid to spouses/children if they are using transferred benefits

• New chapter 33 kicker

– Not available yet

– Will be paid with the monthly housing allowance

• $600 buy-up does not transfer to chapter 33

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Miscellaneous PaymentsMiscellaneous Payments

• Licensing and Certification Tests

– Eligible individuals may be reimbursed for one licensing or certification test

– Test must be approved for VA benefits

– Test must be taken on or after August 1, 2009

– Reimbursement may not exceed $2,000

• NOTE: Payment issued directly to the student in a lump sum

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• Rural Relocation Benefit

– - One-time payment of $500 for individuals who reside in a county with six or less persons per square mile, if individual

• - Physically relocates at least 500 miles, or

• - Travels by air to attend school if no other transportation exist

• NOTE: Payments issued directly to the student in a lump sum

Miscellaneous PaymentsMiscellaneous Payments

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Interval Payments:

- Payment of the monthly housing allowance may be authorized during intervals.

- Follows current interval payment rules.

- Entitlement charged for interval payments.

Extending payment to end of term:

- If individual exhausts entitlement during the quarter or semester, we can pay to end of the term, unless the individual exhausted 48 months of benefits.

- Spouses and children using transferred entitlement are limited to 36 months of entitlement; entitlement may not be extended to end of term.

Miscellaneous PaymentsMiscellaneous Payments

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• Work-Study:

– Individuals training at a rate of pursuit of at least 75% may apply for work-study

• Tutorial Assistance:– Individual’s training at a rate of pursuit of at least 50%

may receive tutorial assistance

– Amount payable cannot exceed $100 per month

– Total amount payable cannot exceed $1,200

Miscellaneous PaymentsMiscellaneous Payments

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Refund of ContributionsRefund of Contributions

• Available to category I participants only - not available to individuals eligible for chapter 30 under category III or IV (VEAP conversions or voluntary/involuntary separations).

• A proportional amount of the basic $1200 contribution will be included in the last monthly housing allowance payment when chapter 33 entitlement exhausts.

• Individuals will not receive a refund of chapter 30 contributions if they—

– Do not exhaust entitlement under chapter 33, or

– Are not eligible to receive the monthly housing allowance when entitlement exhausts.

• Refund of $600 additional contribution is not authorized.

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Transfer of EntitlementTransfer of Entitlement

• Only the following entities may authorize transfer of benefits—

– Secretary of Defense (when the Coast Guard is operating as a service of the Navy)

– Secretaries of Army, Navy, or Air Force– Secretary of Homeland Security (for Coast Guard)

• PHS/NOAA members are not eligible to transfer benefits as only the Secretaries above may offer transfer of benefits

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Transfer of EntitlementTransfer of Entitlement

• To be approved to transfer member must—

– Be in Armed Forces on 8/1/09, and

– Have completed 6 years in the Armed Forces, and

– Agree to serve 4 more years

• DoD/DHS may prescribe rules to address situations when individuals cannot (by military rules or retirement) serve 4 more years after 8/1/09.

– VA can’t make these decisions

– If DoD does offer transfer of benefits to this group of individuals, VA will post this information on the GI Bill website

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An individual approved to transfer may—

– Transfer up to 36 months of benefits (unless DoD/DHS restricts number of months an individual may transfer).

– Transfer to spouse, child, or children in any amount up to amount transferor has available or amount approved by DoD/DHS.

– Revoke or modify a transfer request for any unused benefits unless the transferor’s 15-year eligibility period is ended.

– Not transfer benefits to a new dependent once the transferor is no longer a member of Armed Forces.

Transfer of EntitlementTransfer of Entitlement

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Spouses—

– May use after transferor completes 6 years in Armed Forces

– Paid at transferor’s rate - Cannot be paid housing allowance or books and supplies stipend if the transferor is on active duty when the spouse is receiving benefits

– Can, unless the transferor revokes transfer, continue to use benefits if divorced after the transfer

– Can use benefits up to transferor’s 15-year eligibility period expires unless transferor specifies an earlier ending date

– Under law, benefits are not marital property and are not subject to division in a divorce or other civil proceedings

Transfer of EntitlementTransfer of Entitlement

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Children—

– Must be transferred to an unmarried child who has not reached the age of 18 or, if in school, before child is 23 years of age

– May use after transferor completes 10 years in Armed Forces

– To commence training, child must have–• attained age 18; or • completed requirements of secondary school diploma (or

equivalency certificate)

– Receives veteran rate, including housing allowance & book stipend, even if transferor is on active duty

– May use until age 26 – even if transferor’s 15-year eligibility period ended

– May continue to use benefits after marriage (unless transferor revokes)

Transfer of EntitlementTransfer of Entitlement

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IMPORTANT !!

Transferor and individual using transferred entitlement are jointly liable for any overpayment of chapter 33 benefits

Transfer of EntitlementTransfer of Entitlement

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The student is responsible for any overpayment incurred as a result of not completing courses.

In the event a student does not complete a course, schools should follow their established student refund policy.

Important: Tuition and Fees payments are paid to the school on behalf of the student; overpayments for Tuition and Fees will be charged to the student.

Overpayment of BenefitsOverpayment of Benefits

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Overpayment of BenefitsOverpayment of Benefits

If an individual is “called up” to active duty, VA will restore entitlement if the individual does not receive credit for the course. In these instances VA will—

– Not charge an overpayment for chapter 33 tuition and fees payment or Yellow Ribbon benefits for the certified enrollment period;

– Not charge an overpayment of the book stipend for the enrollment period; and

– Discontinue the monthly housing allowance at the end of the month during which the individual last attended.

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Overpayment of BenefitsOverpayment of Benefits

• VA’s Debt Management Center (DMC) will send notification of the overpayment and provide due process rights.

• Notifications will also inform the individual of the overpayment amount and how to contact VA’s Debt Management Center to establish a repayment schedule.

• Overpayments are collected by the VA Debt Management Center.

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Overpayment of BenefitsOverpayment of Benefits

In most cases, overpayments will not be collected during the due process period, which is 30 days from the day of notification.

Students with existing overpayments on their record may attend school; however, their benefit payments (including Tuition and Fees) may be applied to the overpayment until it is repaid.

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Yellow Ribbon Program

• IHL’s can enter into a MOU with VA to facilitate paying the balance of a Veterans tuition.

• Will primarily affect private institutions.

• Only 100% qualified Veteran can use benefit.

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VTA and Post 9/11GI Bill Interaction

There will be several Veterans who may want/need to take advantage of both the new federal benefit and the state benefit concurrently. This is currently allowed under the Chapter 30 education benefits, and will continue to be allowed under Chapter 33. Veterans who may want to take advantage of both benefits may include”

• Lower tiers of eligibility at both public and private institutions.

• Veterans attending higher cost private schools.

• Veterans attempting to preserve Chapter 33 benefits for graduate studies.

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HESC Letter

• In a letter dated April 13th, 2009 to COL James D. McDonough, Jr. (Ret.), Director of the NYS Division of Veterans Affairs, Dr. James C. Ross, President of HESC, said the following:

• “Our Counsel’s Office has consulted with the U.S. Department of Veterans Affairs and is confident that with the assistance of college financial aid officers, awards will be administered in a manner that is transparent to the veteran, regardless of which GI Benefit is elected. Veterans who elect the “Post 9/11” benefits will be eligible to receive the VTA for any remaining tuition expenses after application of the new federal tuition benefit, up to the cost of SUNY tuition. Veterans who do not elect to receive benefits under the new program will continue to have their awards calculated as in the past.”

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New York State Veterans Education Benefits Calculator

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ReferencesReferences

New York State Division of Veterans Affairs (http://www.veterans.state.ny.us/)

GI Bill Website (www.gibill.va.gov)

Sign up for FAQ updates!

GI Bill Hotline: 1-888-GIBILL-1

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Questions?