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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.

  1. 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, § 3105

  2. Pub. 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”.

  3. Pub. L. 99–576 title VII § 701(72) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 5305

      Pub. L. 99–576 substituted “such person” for “he”

    2. 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”.

  4. 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.

  5. 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).

  6. 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”.

  7. 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
  1. 1958Pub. L. 85–857, , 72 Stat. 1231, § 3105
  2. 1970Pub. L. 91–621, § 6(a)(3), , 84 Stat. 1864
  3. 1986Pub. L. 99–576, title VII, § 701(72), , 100 Stat. 3297
  4. 1991renumbered § 5305, Pub. L. 102–40, title IV, § 402(b)(1), , 105 Stat. 238
  5. 1991Pub. L. 102–83, § 4(a)(1), (2)(A)(viii), , 105 Stat. 403
  6. 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.)

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