{"data":{"id":"us-ok/okla.-stat.-tit.-70-70-14-142.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 70, § 70-14-142.1","heading":"Transfer of education assistance to dependents","body":"\n\nA. Subject to the provisions of this section, the Adjutant\n\nGeneral may permit a qualifying member described in Section 18 of\n\nthis act who is entitled to education assistance under this act to\n\nelect to transfer to one or more of the dependents specified in\n\nsubsection C of this section a portion of such individual's\n\nentitlement to such assistance, subject to the limitation under\n\nsubsection D of this section.\n\nB. An individual referred to in subsection A of this section is\n\nany member of the uniformed services who, at the time of the\n\napproval of the individual's request to transfer entitlement to\n\neducational assistance under this section, has completed at least:\n\n1. Six (6) years of service in the Oklahoma National Guard and\n\nenters into an agreement to serve at least four (4) more years as a\n\nmember of the uniformed services; or\n\n2. The years of service as determined in regulations pursuant\n\nto subsection J of this section.\n\nC. Eligible dependents.\n\n1. An individual approved to transfer an entitlement to\n\neducational assistance under this section may transfer the\n\nindividual's entitlement to an eligible dependent or a combination\n\nof eligible dependents.\n\n2. For purposes of this subsection, the term \"eligible\n\ndependent\" has the meaning given the term \"dependent\" under\n\nsubparagraphs A, D, and I of Section 1072(2) of Title 10 of the\n\nUnited States Code.\n\nD. Limitation of months of transfer.\n\nThe total number of months of entitlement transferred by an\n\nindividual under this section may not exceed thirty-six (36) months.\n\nThe Adjutant General may prescribe regulations that would limit the\n\nmonths of entitlement that may be transferred under this section to\n\nno less than eighteen (18) months.\n\nE. Designation of transferee. An individual transferring an\n\nentitlement to education assistance under this section shall:\n\n1. Designate the dependent or dependents to whom such\n\nentitlement is being transferred; and\n\n2. Designate the number of months of such entitlement to be\n\ntransferred to such dependent.\n\nF. Time for transfer; revocation and modification:\n\n1. Subject to the time limitation for use of entitlement under\n\nthis act, and except as provided in subsection K or L of this\n\nsection, an individual approved to transfer entitlement to\n\neducational assistance under this section may transfer such\n\nentitlement only while serving as a member of the Oklahoma National\n\nGuard when the transfer is executed.\n\n2. An individual transferring entitlement under this section\n\nmay modify or revoke at any time the transfer of any unused portion\n\nof the entitlement so transferred. The modification or revocation\n\nof the transfer of entitlement under this subsection shall be made\n\nby the submittal of written notice of the action to the Adjutant\n\nGeneral and Governor.\n\n3. Entitlement transferred under this section may not be\n\ntreated as marital property, or the asset of a marital estate,\n\nsubject to division in a divorce or other civil proceeding.\n\nG. A dependent to whom entitlement to educational assistance is\n\ntransferred under this section may not commence the use of the\n\ntransferred entitlement until:\n\n1. In the case of entitlement transferred to a spouse, the\n\ncompletion by the individual making the transfer of at least:\n\na. six (6) years of service in the National Guard, or\n\nb. the years of service as determined in regulations\n\npursuant to subsection J of this section; or\n\n2. In the case of entitlement transferred to a child, both:\n\na. the completion by the individual making the transfer\n\nof at least:\n\n(1) six (6) years of service in the National Guard,\n\nor\n\n(2) the years of service as determined in regulations\n\npursuant to subsection J of this section, or\n\nb. either:\n\n(1) the completion by the child of the requirements\n\nof a secondary school diploma (or equivalency\n\ncertificate), or\nentitlement transferred to a child, both:\n\na. the completion by the individual making the transfer\n\nof at least:\n\n(1) six (6) years of service in the National Guard,\n\nor\n\n(2) the years of service as determined in regulations\n\npursuant to subsection J of this section, or\n\nb. either:\n\n(1) the completion by the child of the requirements\n\nof a secondary school diploma (or equivalency\n\ncertificate), or\n\n(2) the attainment by the child of eighteen (18)\n\nyears of age.\n\nH. Additional Administrative Matters.\n\n1. The use of any entitlement to educational assistance\n\ntransferred under this section shall be charged against the\n\nentitlement of the individual making the transfer at the rate of one\n\n(1) month for each month of transferred entitlement that is used.\n\n2. Except as provided under paragraph 2 of subsection E of this\n\nsection and subject to paragraphs 5 and 6 of this subsection:\n\na. in the case of entitlement transferred to a spouse\n\nunder this section, the spouse is entitled to\n\neducational assistance under this chapter in the same\n\nmanner as the individual from whom the entitlement was\n\ntransferred as if the individual were not on active\n\nduty,\n\nb. in the case of entitlement transferred to a child\n\nunder this section, the child is entitled to\n\neducational assistance under this act in the same\n\nmanner as the individual from whom the entitlement was\n\ntransferred as if the individual were not on active\n\nduty.\n\n3. The monthly rate of education assistance payable to a\n\ndependent to whom entitlement referred to in paragraph 2 of this\n\nsubsection is transferred under this section shall be payable:\n\na. in the case of a spouse, at the same rate as such\n\nentitlement would otherwise be payable under this act\n\nto the individual making the transfer as if the\n\nindividual were not on active duty, and\n\nb. in the case of a child, at the same rate as such\n\nentitlement would otherwise be payable under this act\n\nto the individual making the transfer as if the\n\nindividual were not on active duty.\n\n4. Death of transferor: The death of an individual\n\ntransferring an entitlement under this section shall not affect the\n\nuse of the entitlement by the dependent to whom the entitlement is\n\ntransferred.\n\na. Death prior to transfer to designated transferees: In\n\nthe case of an eligible individual whom the Adjutant\n\nGeneral has approved to transfer the individual's\n\nentitlement under this section who, at the time of\n\ndeath, is entitled to educational assistance under\n\nthis act and has designated a transferee or\n\ntransferees under subsection E of this section but has\n\nnot transferred all of such entitlement to such\n\ntransferee or transferees, the Adjutant General shall\n\ntransfer the entitlement of the individual under this\n\nsection by evenly distributing the amount of such\n\nentitlement between all such transferees who would not\n\nbe precluded from using some or all of the transferred\n\nbenefits due to the expiration of time limitations\n\nfound in paragraph 5 of this subsection\n\nnotwithstanding the limitations under subsection F of\n\nthis section.\n\nb. If a transferee cannot use all of the transferred\n\nbenefits under subparagraph a of this subsection\n\nbecause of expiration of a time limitation, the unused\n\nbenefits will be distributed among the other\n\ndesignated transferees who would not be precluded from\n\nusing some or all of the transferred benefits due to\n\nexpiration of time limitations found in paragraph 5 of\n\nthis subsection, unless or until there are no\n\ntransferees who would not be precluded from using the\n\ntransferred benefits because of expiration of a time\n\nlimitation.\n\n5. Limitation on age of use by child transferees.\n\na. In general. A child to whom entitlement is\n\ntransferred under this section may use the benefits\n\ntransferred without regard to the fifteen-year\n\ndelimiting date specified in this act, but may not,\nd not be precluded from using the\n\ntransferred benefits because of expiration of a time\n\nlimitation.\n\n5. Limitation on age of use by child transferees.\n\na. In general. A child to whom entitlement is\n\ntransferred under this section may use the benefits\n\ntransferred without regard to the fifteen-year\n\ndelimiting date specified in this act, but may not,\n\nexcept as provided in subparagraph b or c of this\n\nparagraph, use any benefits so transferred after\n\nattaining the age of twenty-six (26) years.\n\nb. Primary caregivers of seriously injured members of the\n\narmed forces and veterans.\n\n(1) In general. Subject to division (2) of this\n\nsubparagraph, in the case of a child who, before\n\nattaining the age of twenty-six (26) years, is\n\nprevented from pursuing a chosen program of\n\neducation by reason of acting as the primary\n\nprovider of personal care services for a veteran\n\nor member of the Oklahoma National Guard, the\n\nchild may use the benefits beginning on the date\n\nspecified in division (3) of this subparagraph\n\nfor a period whose length is specified in\n\ndivision (4) of this subparagraph.\n\n(2) Inapplicability for revocation.\n\nDivision (1) of this subparagraph shall not apply with\n\nrespect to the period of an individual as a primary\n\nprovider of personal care services if the period concludes\n\nwith the revocation of the individual's designation as such\n\na primary provider.\n\n(3) Date for commencement of use. The date specified\n\nin this division for the beginning of the use of\n\nbenefits by a child under division (1) of this\n\nsubparagraph is the later of:\n\n(a) the date on which the child ceases acting as\n\nthe primary provider of personal care\n\nservices for the veteran or member concerned\n\nas described in division (1) of this\n\nsubparagraph,\n\n(b) the date on which it is reasonably feasible,\n\nas determined under regulations prescribed\n\nby the Adjutant General, for the child to\n\ninitiate or resume the use of benefits, or\n\n(c) the date on which the child attains the age\n\nof twenty-six (26) years.\n\n6. Length of use. The length of the period specified in this\n\nparagraph for the use of benefits by a child under division (1) of\n\nsubparagraph b of paragraph 5 of this section is the length equal to\n\nthe length of the period that:\n\na. begins on the date on which the child begins acting as\n\nthe primary provider of personal care services for the\n\nveteran or member concerned as described in division\n\n(1) of subparagraph b of paragraph 5 of this section,\n\nand\n\nb. ends on the later of:\n\n(1) the date on which the child ceases acting as the\n\nprimary provider of personal care services for\n\nthe veteran or member as described in division\n\n(1) of subparagraph b of paragraph 5 of this\n\nsection, or\nthe\n\nveteran or member concerned as described in division\n\n(1) of subparagraph b of paragraph 5 of this section,\n\nand\n\nb. ends on the later of:\n\n(1) the date on which the child ceases acting as the\n\nprimary provider of personal care services for\n\nthe veteran or member as described in division\n\n(1) of subparagraph b of paragraph 5 of this\n\nsection, or\n\n(2) the date on which it is reasonably feasible, as\n\nso determined, for the child to initiate or\n\nresume the use of benefits; or\n\nc. in any case in which the Adjutant General determines\n\nthat an individual to whom entitlement is transferred\n\nunder this section has been prevented from pursuing\n\nthe individual's chosen program of education before\n\nthe individual attains the age of twenty-six (26)\n\nyears because the educational institution or training\n\nestablished closed (temporarily or permanently) under\n\nan established policy based on an executive order of\n\nthe Governor or due to an emergency situation, the\n\nAdjutant General shall extend the period during which\n\nthe individual may use such entitlement for a period\n\nequal to the number of months that the individual was\n\nso prevented from pursuing the program of education,\n\nas determined by the Adjutant General.\n\n7. The purposes for which a dependent to whom entitlement is\n\ntransferred under this section may use such entitlement shall\n\ninclude the pursuit and completion of the requirements of a\n\nsecondary school diploma (or equivalency certificate).\n\n8. The administrative provisions of this act shall apply to the\n\nuse of entitlement transferred under this section, except that the\n\ndependent to whom the entitlement is transferred shall be treated as\n\nthe eligible individual for purposes of such provisions.\n\nI. Overpayment.\n\n1. Subject to paragraph 2 of this subsection, in the event of\n\nan overpayment of educational assistance with respect to a dependent\n\nto whom entitlement is transferred under this section, the dependent\n\nand the individual making the transfer shall be jointly and\n\nseverally liable to the State of Oklahoma for the amount of the\n\noverpayment.\n\n2. Failure to complete service agreement.\n\na. Except as provided in subparagraph b of this\n\nparagraph, if an individual transferring entitlement\n\nunder this section fails to complete the service\n\nagreed to by the individual under division (1) of\n\nsubsection b of this paragraph in accordance with the\n\nterms of the agreement of the individual under that\n\nsubsection, the amount of any transferred entitlement\n\nunder this section that is used by a dependent of the\n\nindividual as of the date of such failure shall be\n\ntreated as an overpayment of educational assistance\n\nfor which the individual shall be solely liable to the\n\nState of Oklahoma for the amount of the overpayment\n\nfor purposes of this act in the case of an individual\n\nwho fails to complete service agreed to by the\n\nindividual:\n\n(1) by reason of death of the individual, or\ntle 70. Schools Page 674\n\nindividual as of the date of such failure shall be\n\ntreated as an overpayment of educational assistance\n\nfor which the individual shall be solely liable to the\n\nState of Oklahoma for the amount of the overpayment\n\nfor purposes of this act in the case of an individual\n\nwho fails to complete service agreed to by the\n\nindividual:\n\n(1) by reason of death of the individual, or\n\n(2) for a reason referred to in this act.\n\nJ. Regulations.\n\n1. The Adjutant General shall prescribe regulations for\n\npurposes of this section.\n\n2. Such regulations shall specify:\n\na. the manner of authorizing the transfer of entitlements\n\nunder this section,\n\nb. the eligibility criteria in accordance with subsection\n\nB of this section, and\n\nc. the manner and effect of an election to modify or\n\nrevoke a transfer of entitlement under paragraph 2 of\n\nsubsection F of this section.\n\n3. The Adjutant General may not prescribe any regulation that\n\nwould provide for a limitation on eligibility to transfer unused\n\neducation benefits to family members based on a maximum number of\n\nyears in the Oklahoma National Guard.\n\nK. In the case of a dependent to whom entitlement to\n\neducational assistance is transferred under this section who dies\n\nbefore using all of such entitlement, the individual who transferred\n\nthe entitlement to the dependent may transfer any remaining\n\nentitlement to a different eligible dependent, notwithstanding\n\nwhether the individual is serving as a member of the Armed Forces\n\nwhen such transfer is executed.\n\nL. In the case of an individual who transfers entitlement to\n\neducational assistance under this section who dies before the\n\ndependent to whom entitlement to educational assistance is so\n\ntransferred has used all of such entitlement, such dependent may\n\ntransfer such entitlement to another eligible dependent in\n\naccordance with the provisions of this section.","path":["OK Code","Title 70"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os70.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"d0872853f9a1dce04a93e8e688fab8ab53b7eec893094d3034fa30fa1b61d3ad","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-70-70-14-142","next":"us-ok/okla.-stat.-tit.-70-70-14-143"},"notice":"GroundRules: Original legal text. Not legal advice."}