
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[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.
