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38 U.S.C. § 5305 — Waiver of retired pay
Federal law — U.S. Code and appendices · legal_authorities
Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim), 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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Stable record: federal_law:legal_authorities:record_usc_f3dcea8287adba619b354c79
Source file: Laws/federal/codes/united-states-code/title-38/section-5305-waiver-of-retired-pay--e8ce0daccf.md
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Source location: Title 38, Chapter 53, § 5305; chapter-053-special-provisions-relating-to-benefits.md
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Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim), 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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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payment of Both Retired Pay and Compensation.—**
(1) **In general.—** — Subject to subsection (b), a member or former member of the uniformed services who is entitled for any month to retired pay and who is also entitled for that month to veterans’ disability compensation for a qualifying service-connected disability (hereinafter in this section referred to as a “qualified retiree”) is entitled to be paid both for that month without regard to sections 5304 and 5305 of title 38. During the period beginning on January 1, 2004, and ending on December 31, 2013, payment of retired pay to such a qualified retiree is subject to subsection (c), except that payment of retired pay is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on December 31, 2004, in the case of the following:
(A) A qualified retiree receiving veterans’ disability compensation for a disability rated as 100 percent.
(B) A qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability.
(2) **Qualifying service-connected disability.—** — In this section, the term “qualifying service-connected disability” means a service-connected disability or combination of service-connected disabilities that is rated as not less than 50 percent disabling by the Secretary of Veterans Affairs.
**(b) Special Rules for Chapter 61 Disability Retirees.—**
(1) **Career retirees.—** — The retired pay of a member retired under chapter 61 of this title with 20 years or more of service otherwise creditable under [section 1405 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1405&num=0&edition=prelim), or at least 20 years of service
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1414
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any case in which the Secretary is unable to determine whether it currently is reasonably feasible for a veteran to achieve a vocational goal, the period of extended evaluation under [section 3106(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3106/c&num=0&edition=prelim) may not exceed twelve months, except that such period may be extended for additional periods of up to six months each if the Secretary determines before granting any such extension that it is reasonably likely that, during the period of any such extension, a determination can be made whether the achievement of a vocational goal is reasonably feasible in the case of such veteran.
**(b)**
(1) Except as provided in paragraphs (2) and (3) and in subsection (c), the period of a vocational rehabilitation program for a veteran under this chapter following a determination of the current reasonable feasibility of achieving a vocational goal may not exceed forty-eight months, except that the counseling and placement and postplacement services described in section 3104(a)(2) and (5) of this title may be provided for an additional period not to exceed eighteen months in any case in which the Secretary determines the provision of such counseling and services to be necessary to accomplish the purposes of a rehabilitation program in the individual case.
(2) The period of a vocational rehabilitation program pursued by a veteran under [section 3102(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3102/b&num=0&edition=prelim) following a determination of the current reasonable feasibility of achieving a vocational goal may not exceed 12 months.
(3)
(A) In any case in which the Secretary determines that a veteran
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Period of limitation on filing claim** Claim for credit or refund of an overpayment of any tax imposed by this title in respect of which tax the taxpayer is required to file a return shall be filed by the taxpayer within 3 years from the time the return was filed or 2 years from the time the tax was paid, whichever of such periods expires the later, or if no return was filed by the taxpayer, within 2 years from the time the tax was paid. Claim for credit or refund of an overpayment of any tax imposed by this title which is required to be paid by means of a stamp shall be filed by the taxpayer within 3 years from the time the tax was paid.
**(b) Limitation on allowance of credits and refunds**
(1) **Filing of claim within prescribed period** — No credit or refund shall be allowed or made after the expiration of the period of limitation prescribed in subsection (a) for the filing of a claim for credit or refund, unless a claim for credit or refund is filed by the taxpayer within such period.
(2) **Limit on amount of credit or refund**
(A) *Limit where claim filed within 3-year period* — If the claim was filed by the taxpayer during the 3-year period prescribed in subsection (a), the amount of the credit or refund shall not exceed the portion of the tax paid within the period, immediately preceding the filing of the claim, equal to 3 years plus the period of any extension of time for filing the return. If the tax was required to be paid by means of a stamp, the amount of the credit or refund shall not exceed the portion of the tax paid within the 3 years immediately preceding the filing of the claim.
(B) *Limit where claim not filed within 3-year period* — If the claim was not filed within such 3-year period, the amount of the credit or refund shall not exce
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 6511
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Notwithstanding [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) or any other provision of law and except as provided in paragraph (2) and subsection (c), payment of monetary benefits based on an award or an increased award of compensation, dependency and indemnity compensation, or pension may not be made to an individual for any period before the first day of the calendar month following the month in which the award or increased award became effective as provided under [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) or such other provision of law.
(2)
(A) In the case of a veteran who is retired or separated from the active military, naval, air, or space service for a catastrophic disability or disabilities, payment of monetary benefits based on an award of compensation based on an original claim shall be made as of the date on which such award becomes effective as provided under [section 5110 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5110&num=0&edition=prelim) or another applicable provision of law.
(B) For the purposes of this paragraph, the term “catastrophic disability”, with respect to a veteran, means a permanent, severely disabling injury, disorder, or disease that compromises the ability of the veteran to carry out the activities of daily living to such a degree that the veteran requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.
**(b)**
(1) Except as provided in paragraph (2) of this subsection, during the period between the effective date o
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5111
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law, and such payments made to, or on account of, a beneficiary shall be exempt from taxation, shall be exempt from the claim of creditors, and shall not be liable to attachment, levy, or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary. The preceding sentence shall not apply to claims of the United States arising under such laws nor shall the exemption therein contained as to taxation extend to any property purchased in part or wholly out of such payments. The provisions of this section shall not be construed to prohibit the assignment of insurance otherwise authorized under chapter 19 of this title, or of servicemen’s indemnity.
(2) For the purposes of this subsection, in any case where a payee of an educational assistance allowance has designated the address of an attorney-in-fact as the payee’s address for the purpose of receiving a benefit check and has also executed a power of attorney giving the attorney-in-fact authority to negotiate such benefit check, such action shall be deemed to be an assignment and is prohibited.
(3)
(A) This paragraph is intended to clarify that, in any case where a beneficiary entitled to compensation, pension, or dependency and indemnity compensation enters into an agreement with another person under which agreement such other person acquires for consideration the right to receive such benefit by payment of such compensation, pension, or dependency and indemnity compensation, as the case may be, except as provided in subparagraph (B), and including deposit into a joint account from which such other pers
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in [section 1414 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1414&num=0&edition=prelim) or to the extent that retirement pay is waived under other provisions of law, not more than one award of pension, compensation, emergency officers’, regular, or reserve retirement pay, or initial award of naval pension granted after July 13, 1943, shall be made concurrently to any person based on such person’s own service or concurrently to any person based on the service of any other person.
(2) Notwithstanding the provisions of paragraph (1) of this subsection and of [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim), pension under section 1521 or 1541 of this title may be paid to a person entitled to receive retired or retirement pay described in [section 5305 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section5305&num=0&edition=prelim) concurrently with such person’s receipt of such retired or retirement pay if the annual amount of such retired or retirement pay is counted as annual income for the purposes of chapter 15 of this title.
**(b)**
(1) Except as provided in paragraphs (2) and (3) of this subsection and in [section 1521(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1521/i&num=0&edition=prelim), the receipt of pension, compensation, or dependency and indemnity compensation by a surviving spouse, child, or parent on account of the death of any person, or receipt by any person of pension or compensation on account of such person’s own service, shall not bar the payment of pension, compensation, or dependency and indemnity compen
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 5304
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Federal law — U.S. Code and appendices · legal_authorities
Page 1062
TITLE 38—VETERANS’ BENEFITS
§ 5305
1986—Subsec. (a)(1). Pub. L. 99–576, § 701(71)(A), sub-
stituted ‘‘such person’s’’ for ‘‘his’’.
Subsec. (b)(1). Pub. L. 99–576, § 701(71)(B)(i), (ii), sub-
stituted ‘‘surviving spouse’’ for ‘‘widow’’ and ‘‘such per-
son’s’’ for ‘‘his’’.
Subsec. (b)(3). Pub. L. 99–576, § 701(71)(B)(iii), sub-
stituted ‘‘such person’’ for ‘‘he or she’’.
Subsec. (c). Pub. L. 99–576, § 701(71)(C), substituted
‘‘any person’s’’ for ‘‘his’’, ‘‘to such person’’ for ‘‘to any
person’’, and ‘‘such person’’ for ‘‘he’’.
1980—Subsec. (a). Pub. L. 96–385 designated existing
provisions as par. (1) and added par. (2).
1978—Subsec. (b)(1). Pub. L. 95–588 inserted ‘‘of this
subsection and in section 521(i) of this title’’ after ‘‘(2)
and (3)’’.
1970—Subsec. (b)(1), (3). Pub. L. 91–376 inserted ref-
erence to par. (3) in par. (1) and added par. (3).
1964—Subsec. (a). Pub. L. 88–664 inserted ‘‘or concur-
rently to any person based on the service of any other
person’’ after ‘‘own service’’.
1960—Subsec. (b)(2). Pub. L. 86–495 substituted provi-
sions prohibiting the payment or furnishing of benefits
other than insurance to or on account of any child by
reason of the death of more than one parent in the
same parental line, and permitting the child to elect
one or more times to receive benefits by reason of the
death of any one of such parents, for provisions which
prohibited the payment of dependency and indemnity
compensation to or on account of a child by reason of
the death of another parent where the child receives or
there is paid by the Veterans’ Administration on ac-
count of a child dependency and indemnity compensa-
tion, or death compensation, by reason of the death of
a parent.
Statutory Notes and Related Subsidiaries
EFFECTIVE D
Source: Supplied 2024 U.S. Code historical extraction · 38 U.S.C. § 5305
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