38 U.S.C. § 5305 — Waiver of retired pay

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 DATE OF 2015 AMENDMENT; IMPLEMENTATION Amendment by Pub. L. 114–92 effective Jan. 1, 2018, with certain implementation requirements, see section 635 of Pub. L. 114–92, set out as a note under section 8432 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–588 effective Jan. 1, 1979, see section 401 of Pub. L. 95–588, set out as a note under section 101 of this title. EFFECTIVE DATE OF 1970 AMENDMENT Amendment by Pub. L. 91–376 effective Jan. 1, 1971, see section 9 of Pub. L. 91–376, set out as a note under section 1114 of this title. EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–664 effective Jan. 1, 1965, see section 11 of Pub. L. 88–664, set out as a note under section 1503 of this title. EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–495, § 2, June 8, 1960, 74 Stat. 163, provided that: ‘‘The amendment made by this Act [amending this section] shall apply only to cases where the death of a parent occurs after the date of enactment of this Act [June 8, 1960].’’ § 5305. Waiver of retired pay 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 com- missioned officer of the National Oceanic and Atmospheric Administration or of the Public Health Service, and who would be eligible to re- ceive 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 compensa- tion. 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, § 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.) Editorial Notes AMENDMENTS 2004—Pub. L. 108–454 substituted ‘‘Except as provided in section 1414 of title 10, any’’ for ‘‘Any’’ in first sen- tence. 1991—Pub. L. 102–40 renumbered section 3105 of this title as this section. Pub. L. 102–83, § 4(a)(2)(A)(viii), substituted ‘‘Sec- retary’’ for ‘‘Veterans’ Administration’’. Pub. L. 102–83, § 4(a)(1), substituted ‘‘administered by the Secretary’’ for ‘‘administered by the Veterans’ Ad- ministration’’. 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 Geo- detic Survey’’. § 5306. Renouncement of right to benefits (a) Any person entitled to pension, compensa- tion, or dependency and indemnity compensa- tion under any of the laws administered by the Secretary may renounce the right thereto. The application renouncing the right shall be in writing over the person’s signature. Upon the filing of such an application, payment of such benefits and the right thereto shall be termi- nated, and such person shall be denied any and all rights thereto from such filing. (b) Renouncement of rights shall not preclude any person from filing a new application for pen- sion, compensation, or dependency and indem- nity compensation at a later date, but such new application shall be treated as an original appli- cation, and no payments shall be made for any period before the date such new application is filed. (c) Notwithstanding subsection (b), if a new application for pension under chapter 15 of this title or for dependency and indemnity com- pensation for parents under section 1315 of this title is filed within one year after renouncement of that benefit, such application shall not be treated as an original application and benefits will be payable as if the renouncement had not occurred.