FEDERAL · 38 U.S.C. · Chapter 53
Waiver of retired pay
38 U.S.C. § 5305
Title38 — Veterans' Benefits
Chapter53 — SPECIAL PROVISIONS RELATING TO BENEFITS
This text of 38 U.S.C. § 5305 (Waiver of retired pay) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
38 U.S.C. § 5305.
Text
Except as provided in section 1414 of title 10, any person who is receiving pay pursuant to any provision of law providing retired or retirement pay to persons in the Armed Forces, or as a commissioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who would be eligible to receive pension or compensation under the laws administered by the Secretary if such person were not receiving such retired or retirement pay, shall be entitled to receive such pension or compensation upon the filing by such person with the department by which such retired or retirement pay is paid of a waiver of so much of such person's retired or retirement pay as is equal in amount to such pension or compensation. To prevent duplication of payments, the department w
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Source Credit
History
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, §3105; Pub. L. 91–621, §6(a)(3), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 99–576, title VII, §701(72), Oct. 28, 1986, 100 Stat. 3297; renumbered §5305, Pub. L. 102–40, title IV, §402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–83, §4(a)(1), (2)(A)(viii), Aug. 6, 1991, 105 Stat. 403; Pub. L. 108–454, title III, §308(b), Dec. 10, 2004, 118 Stat. 3614.)
Editorial Notes
Editorial Notes
Amendments
2004—Pub. L. 108–454 substituted "Except as provided in section 1414 of title 10, any" for "Any" in first sentence.
1991—Pub. L. 102–40 renumbered section 3105 of this title as this section.
Pub. L. 102–83, §4(a)(2)(A)(viii), substituted "Secretary" for "Veterans' Administration".
Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".
1986—Pub. L. 99–576 substituted "such person" for "he" and "such person's" for "his".
1970—Pub. L. 91–621 substituted "National Oceanic and Atmospheric Administration" for "Coast and Geodetic Survey".
Amendments
2004—Pub. L. 108–454 substituted "Except as provided in section 1414 of title 10, any" for "Any" in first sentence.
1991—Pub. L. 102–40 renumbered section 3105 of this title as this section.
Pub. L. 102–83, §4(a)(2)(A)(viii), substituted "Secretary" for "Veterans' Administration".
Pub. L. 102–83, §4(a)(1), substituted "administered by the Secretary" for "administered by the Veterans' Administration".
1986—Pub. L. 99–576 substituted "such person" for "he" and "such person's" for "his".
1970—Pub. L. 91–621 substituted "National Oceanic and Atmospheric Administration" for "Coast and Geodetic Survey".
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Bluebook (online)
38 U.S.C. § 5305, Counsel Stack Legal Research, https://law.counselstack.com/usc/38/5305.