DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
JUN 1 2 1998
Office of the Assistant Secretary
AFBCMR 97-03286
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code, Air Force Instruction 36-2603, and having assured
compliance with the provisions of the above regulation, the
decision of the Air Force Board for Correction of Military
Records is announced, and it is directed that:
The pertinen
Force relating to
show that on 17 A
Benefit Plan elec
spouse coverageii
reduced annunity.
ment of the Air
be corrected to
his Survivor
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ary, based on
Ch'"ief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT O F T H E AIR FORCE
HEADQUARTERS A I R FORCE PERSONNEL C E N T E R
RANDOLPH AIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPUDPPTR
550 C Street West Ste I 1
Randolph AFB TX 781 50-471 3
SUSJECT: Application for Correction of Military Records
Requested Correction: The applicant, former spouse of the above-named
retired member, is requesting corrective action to show that the decedent made a timely
election to voluntarily change his Survivor Benefit Plan (SBP) coverage from spouse
and child to former spouse based on a reduced tevel of retired pay.
Basis for Reauest: The applicant claims the member did not want to accept their
divorce and wanted her to have SBP when he passed away.
Backaround: A spouse loses eligibility to receive an annuity upon divorce.
However, the law provides two mechanisms for changing spouse to former spouse
coverage. Both must be exercised within the first year folfowing divorce: the retiree
may file an election change, or the former spouse may request the retiree be deemed
to have made such a change on his or her behalf. In tbe latter case, the former spouse
must provide legal documentation that the member agreed, or that the court ordered
the member, to establish former spouse coverage. If neither the member nor former
spouse requests the efection change during the one-year eligibility period, former
spouse coverage may not be established thereafter. Even though a member fails to
notify Defense Finance and Accounting Service (DFAS) of the divorce and continues to
pay SBP premiums afterwards, the former spouse is not eligible for an annuity upon the
member's death.
Facts: The member elected spouse and child coverage based on a reduced
level of retired pay prior to his 1 Jun 83 retirement. The parties divorced on 16 Aug 94
but the court order was silent on the issue of SBP. However, the member continued to
pay premiums for spouse and child coverage until his I 9 Sep 97 death. Subsequent to
his death, his son was determined ineligible for the annuity because he was no longer
attending school.
Discussion: Although the applicant made no election change during the
required time limit, there is no evidence he requested the applicant's coverage be
terminated and premiums continued to be deducted from his retired pay, all indicative
of his intent to maintain her as the eligible SBP beneficiary.
Recommendation: Although there is no evidence of Air Force error, to preclude
a possible injustice, we recommend that the member's record be corrected to reflect
that on I 7 Aug 94, he elected to change SBP spouse and child c
spouse coverage based on a reduced level of retired pay, naming
the former spouse beneficiary. Approval should be contingent upon recoupment of any
applicable p remi urns.
S
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Management
9703286
. . _
If the member does not elect former spouse coverage during the one-year eligibility period, that coverage may not be established thereafter. Although SBP premiums may continue to be deducted from the member's retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member's death e Facts: The member and applicant were married when the member elected spouse and child coverage, reduced annuity, prior to his 1 Apr 89 retirement. ...
Public Law (PL) 92-425 (21 Sep 72) which established the SBP, did not provide authority to change from spouse to former spouse coverage following divorce, nor to suspend premium payments when the retiree no longer had an eligible beneficiary. PL 98-94 (24 Sep 83) permitted retirees to elect former spouse coverage within one year following the divorce. Recommendation: Although there is no evidence of Air Force error, we recommend that the member's record be corrected to reflect that on 1...
'Panel Chairman / Attachment: Ltr, AFPCDPPTR, dtd 3 Oct 97 DEPARTMENT OF THE AIR FORCE HEADQUARTERS AIR FORCE PERSONNEL C E N T E R R A N D O L P H AIR FORCE BASE T E X A S - MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 1 I Randolph AFB TX 781 50-471 3 SUBJECT: Application for Correction of Military Records Ref ere nce : Requested Correction: The applicant is requesting corrective action to show he filed a timely election for former spouse and child coverage under the...
C. Office of the Assistant Secretary AFBCMR 96-03563 MEMORANDUM FOR THE CHIEF OF STAFF Under the authority of Section 1552, Title 10, United States Code, Air Force Instruction 36-2603, and having assured compliance with the provisions of the above regulation, the decision of the Air Force Board for Correction of Military Records is announced, and it is directed that: records of the Department of the Air Force relating to- rrected to show that on 26 January 1996, he elected unaer the his...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Although SBP premiums may continue to be deducted from the member’s retired pay following divorce, the former spouse is not eligible to receive annuity payments in the event of the member‘s death. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend that the...
Both must be exercised within the first year following divorce: the retiree may file an election change, or the former spouse may request the retiree be deemed to have made such a change on his or her behalf. If neither the member nor former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. There is no evidence the decedent nor the applicant took the required action to change the coverage, and SBP premiums...
*e- Background: A spouse’s eligibility as an SBP beneficiary terminates upon divorce. If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Neither party remarried, SBP premiums continue to be deducted from the member‘s retired pay, and the former spouse is reflected as the eligible spouse beneficiary.
tment of the Air , be corrected to ge his Survivor - use coveragelf to Itformer spouse s beneficiary, based on reduced Caef E x a b r Air Force Board for Correction of Military Records DEPARTMENT O F THE A I R FORCE HEADQUARTERS AIR FORCE PERSONNEL CENTER RANDOLPH AIR FORCE BASE TEXAS MEMOWNDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 11 Randolph AFB TX 781 50-471 3 SUBJECT: Application for Correction of Military Records Requested Correction: The applicant, son of the above-named...
- Facts: The member and former spouse were married on 25 Sep 58 and the member elected spouse and child coverage, maximum annuity, prior to his I Feb 73 retirement, The parties divorced on 3 Jun 96 and although the divorce decree required SBP coverage for his former spouse be continued, neither she nor the applicant submitted a valid election change during the required time limit. ~ Discussion: The applicant made no election change during the required time limit and there is no record he...
If neither the member nor the former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. The member 97031 82 remarried 21 Jul90. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend partial relief: the member's record should be corrected to reflect that on 28 Jun 88 he elected to change SBP spouse and child -vera e to former spouse and child coverage...