Title 38 — Veterans’ Benefits
Part IV · Chapter 53 — Special Provisions Relating to Benefits
§ 5305. Waiver of retired pay
Statutory 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 with which any such waiver is filed shall notify the Secretary of the receipt of such waiver, the amount waived, and the effective date of the reduction in retired or retirement pay.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 5305
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3105
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1231, § 3105Pub. L. 91–621 § 6(a)(3) · 84 Stat. 1863
Substituted · 38 U.S.C. § 5305
Pub. L. 91–621 substituted “National Oceanic and Atmospheric Administration” for “Coast and Geodetic Survey”
Source evidence
Code amendment note
Pub. L. 91–621 substituted “National Oceanic and Atmospheric Administration” for “Coast and Geodetic Survey”.Enacted provision · exact public law section
(3) Section 3105 of such title 38 is amended by striking “Coast and Geodetic Survey” and substituting “National Oceanic and Atmospheric Administration”.Pub. L. 99–576 title VII § 701(72) · 100 Stat. 3248
Substituted · 38 U.S.C. § 5305
Pub. L. 99–576 substituted “such person” for “he”
Substituted · 38 U.S.C. § 5305
Pub. L. 99–576 substituted “such person’s” for “his”
Source evidence
Code amendment note
Pub. L. 99–576 substituted “such person” for “he” and “such person’s” for “his”.Enacted provision · exact public law section
(72) Section 3105 is amended— (A) by striking out “he” and inserting in lieu thereof “such person”; and (B) by striking out “his” and inserting in lieu thereof “such person’s”.Department of Veterans Affairs Health-Care Personnel Act of 1991
Pub. L. 102–40 title IV § 402(b)(1) · 105 Stat. 187
Changed · 38 U.S.C. § 5305
Pub. L. 102–40 renumbered section 3105 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–40 renumbered section 3105 of this title as this section.Enacted provision · exact public law section
(1) Each section contained in any of chapters 51, 53, 55, 57, 59, 61, 71, 72, 76, 78 (as redesignated by subsection (a)), 81, 83, and 85 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.Pub. L. 102–83 § 4(a)(2)(A)(viii) · 105 Stat. 378
Substituted · 38 U.S.C. § 5305
Pub. L. 102–83, § 4(a)(2)(A)(viii), substituted “Secretary” for “Veterans’ Administration”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(2)(A)(viii), substituted “Secretary” for “Veterans’ Administration”.Enacted provision · exact public law section
(viii) Section 5305 (in the last sentence).Pub. L. 102–83 § 4(a)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 5305
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 102–83, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans’ Administration”.Enacted provision · exact public law section
(1) Title 38 is amended by striking out “administered by the Veterans’ Administration” each place it appears and inserting in lieu thereof “administered by the Secretary”.Veterans Benefits Improvement Act of 2004
Pub. L. 108–454 title III § 308(b) · 118 Stat. 3598
Substituted · 38 U.S.C. § 5305
Pub. L. 108–454 substituted “Except as provided in section 1414 of title 10, any” for “Any” in first sentence
Source evidence
Code amendment note
Pub. L. 108–454 substituted “Except as provided in section 1414 of title 10, any” for “Any” in first sentence.Enacted provision · exact public law section
(b) Waiver of Retired Pay.— Section 5305 is amended by striking “Any” in the first sentence and inserting “Except as provided in section 1414 of title 10, any”.
7 of 8 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1970–2004 · 4 rounds
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”.
Credits
1958–2004 · 6 acts
- 1958Pub. L. 85–857, , 72 Stat. 1231, § 3105
- 1970Pub. L. 91–621, § 6(a)(3), , 84 Stat. 1864
- 1986Pub. L. 99–576, title VII, § 701(72), , 100 Stat. 3297
- 1991renumbered § 5305, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
- 1991Pub. L. 102–83, § 4(a)(1), (2)(A)(viii), , 105 Stat. 403
- 2004Pub. L. 108–454, title III, § 308(b), , 118 Stat. 3614.
Show as published
(Pub. L. 85–857, , 72 Stat. 1231, § 3105; Pub. L. 91–621, § 6(a)(3), , 84 Stat. 1864; Pub. L. 99–576, title VII, § 701(72), , 100 Stat. 3297; renumbered § 5305, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238; Pub. L. 102–83, § 4(a)(1), (2)(A)(viii), , 105 Stat. 403; Pub. L. 108–454, title III, § 308(b), , 118 Stat. 3614.)