Okla. Stat. tit. 70, § 70-14-142.1

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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

Oklahoma Statutes - Title 70. Schools Page 670

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
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.

Oklahoma Statutes - Title 70. Schools Page 671

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

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delimiting date specified in this act, but may not,
d 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

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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

Oklahoma Statutes - Title 70. Schools Page 673

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
the

veteran or member concerned as described in division

(1) of subparagraph b of paragraph 5 of this section,

and

Oklahoma Statutes - Title 70. Schools Page 673

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

Oklahoma Statutes - Title 70. Schools Page 674

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
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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.