§ 5305. — Waiver of retired pay.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC5305]
TITLE 38--VETERANS' BENEFITS
PART IV--GENERAL ADMINISTRATIVE PROVISIONS
CHAPTER 53--SPECIAL PROVISIONS RELATING TO BENEFITS
Sec. 5305. Waiver of retired pay
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.
(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1231, Sec. 3105; Pub. L. 91-
621, Sec. 6(a)(3), Dec. 31, 1970, 84 Stat. 1864; Pub. L. 99-576, title
VII, Sec. 701(72), Oct. 28, 1986, 100 Stat. 3297; renumbered Sec. 5305,
Pub. L. 102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238;
Pub. L. 102-83, Sec. 4(a)(1), (2)(A)(viii), Aug. 6, 1991, 105 Stat.
403.)
Amendments
1991--Pub. L. 102-40 renumbered section 3105 of this title as this
section.
Pub. L. 102-83, Sec. 4(a)(2)(A)(viii), substituted ``Secretary'' for
``Veterans' Administration''.
Pub. L. 102-83, Sec. 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''.
Section Referred to in Other Sections
This section is referred to in sections 5111, 5301, 5304 of this
title; title 10 sections 1413a, 1414.
