38 U.S.C. § 5305
Waiver of retired pay
United States · Title 38 — VETERANS’ BENEFITS · Status: effective
Cite this
- Citation
- 38 U.S.C. § 5305, Waiver of retired pay, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/473449
- Permanent ID
ys:prov:473449@1- SHA-256
e4c50a6f999ef5639f16d2abb2521090aa8abe518a34a5b483a8fb5dd603ba78
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full 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
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone. The law that originally enacted this section predates the public laws loaded here, so only later amendments are listed.
- Veterans' Benefits Improvement and Health Care Authorization Act of 1986House: no recorded tallySenate: no recorded tally
- Department of Veterans Affairs Health-Care Personnel Act of 1991House: 399–0Senate: no recorded tally
- Department of Veterans Affairs Codification ActHouse: no recorded tallySenate: no recorded tally
- Veterans Benefits Improvement Act of 2004House: no recorded tallySenate: no recorded tally