---
kind: "section"
citation: "38 U.S.C. § 5305"
title: "38"
title_heading: "Veterans’ Benefits"
number: "5305"
heading: "Waiver of retired pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/5305"
units:
  - "Part IV — General Administrative Provisions"
  - "Chapter 53 — Special Provisions Relating to Benefits"
---

# §5305. Waiver of retired pay


Except as provided in [section 1414 of title 10](/usc/10/1414.md), any person who is receiving pay pursuant to any provision of law providing retired or retirement pay to persons in the [Armed Forces](/usc/38/101.md?p=10), 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](/usc/38/101.md?p=15) or [compensation](/usc/38/101.md?p=13) under the laws administered by the [Secretary](/usc/38/101.md?p=1) if such person were not receiving such retired or retirement pay, shall be entitled to receive such [pension](/usc/38/101.md?p=15) or [compensation](/usc/38/101.md?p=13) upon the filing by such person with the [department](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=15) or [compensation](/usc/38/101.md?p=13). To prevent duplication of payments, the [department](/usc/38/101.md?p=1) with which any such waiver is filed shall notify the [Secretary](/usc/38/101.md?p=1) of the receipt of such waiver, the amount waived, and the effective date of the reduction in retired or retirement pay.


## Source credit

(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.)

## Notes

### Editorial Notes

### 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 person’s” for “his”.

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