38 USC § 5305 - Waiver of retired pay | LII / Legal Information Institute

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Current through Pub. L. 112-90. (See Public Laws for the current Congress.)

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.

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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.

Source

(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. 108–454substituted “Except as provided in section 1414 of title 10, any” for “Any” in first sentence.

1991—Pub. L. 102–40renumbered 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. 99–576substituted “such person” for “he” and “such person’s” for “his”.

1970—Pub. L. 91–621substituted “National Oceanic and Atmospheric Administration” for “Coast and Geodetic Survey”.

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The most recent Classification Table update that we have noticed was Friday, April 6, 2012

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38 USC	Description of Change	Session Year	Public Law	Statutes at Large

38 USC § 5305 - Waiver of retired pay

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