38-U.S.C.-5305
§5305 – Waiver of Retired Pay
Pathway
Title 38 > Part IV > Chapter 53 > Section 5305
Details
- Reference: Section 5305
- Legend: §5305 – Waiver of Retired Pay
- USCode Year: 2013
Provision Content
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 persons 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, §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.)
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 persons for his.
1970—Pub. L. 91–621 substituted National Oceanic and Atmospheric Administration for Coast and Geodetic Survey.
U.S. Encyclopedia of Law Coverage
38-U.S.C.-5113 in the Legal Encyclopedia: Veterans
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Chapter 53 – Special Provisions Relating To Benefits in the Legal Encyclopedia: Benefits
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38-U.S.C.-5123 in the Legal Encyclopedia: Administrative Provisions
In this entry about 38-U.S.C.-5123, find legal reference material, bibliographies and premiere content related to administrative provisions in the American Encyclopedia of Law, presenting a comprehensive view of the United States administrative provisions-specific issues, written by authorities in the field.
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