Public Law 119-73 (01/23/2026)

38 U.S.C. § 5305

Waiver of retired pay

section 1414 of title 10Except as provided in , 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. 85–85772 Stat. 1231Pub. L. 91–621, § 6(a)(3)84 Stat. 1864Pub. L. 99–576, title VII, § 701(72)100 Stat. 3297Pub. L. 102–40, title IV, § 402(b)(1)105 Stat. 238Pub. L. 102–83, § 4(a)(1)105 Stat. 403Pub. L. 108–454, title III, § 308(b)118 Stat. 3614(, , , § 3105; , , ; , , ; renumbered § 5305, , , ; , (2)(A)(viii), , ; , , .)

Editorial Notes

Amendments

Pub. L. 108–454section 1414 of title 102004— substituted “Except as provided in , any” for “Any” in first sentence.

Pub. L. 102–40section 3105 of this title1991— renumbered 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”.

Pub. L. 99–5761986— substituted “such person” for “he” and “such person’s” for “his”.

Pub. L. 91–6211970— substituted “National Oceanic and Atmospheric Administration” for “Coast and Geodetic Survey”.