DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
JUW 2 8 SI@,
Office of the Assistant Secretary
AFBCMR 97-03484
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
Having carefully reviewed this application, we agree with
the recommendation of the Air Force and adopt the rationale
expressed as the basis for our decision that the applicant has
been the victim of either an error or an injustice.
under the authority delegated in AFI 36-2603, the applicant's
records will be corrected as set forth in the accompanying
Memorandum for the Chief of Staff signed by the Executive
Director of the Board or his designee.
Therefore,
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Attachment:
Ltr, AFPC/DPPTR, dtd 12 Mar 98
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
I
Office of the Assistant Secretary
AFBCMR 97-03484
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 16 J
Benefit Plan el
coverage If namin
annunity.
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 retired member,
is requesting corrective action to show that his father filed a timely election to change
his Survivor Benefit Plan (SBP) coverage from spouse to former spouse based on a
reduced level of retired pay, naming his mother as beneficiary.
Basis for Request: The applicant claims his father merely neglected to make the
former spouse election, but intended SBP coverage to continue.
Backaround: A spouse's eligibility as a SBP beneficiary terminates upon
divorce. However, the law provides two mechanisms for changing spouse coverage to
former spouse coverage. 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. In the 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 the former spouse requests the election change during the one-year eligibility
period, former spouse coverage may not be established thereafter. Even though a
member fails to notify the Defense Finance and Accounting Service - Cleveland Center
(DFAS-CL) 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: Records indicate the decedent and applicant's mother were married on
10 Sep 55 and that he elected reduced spouse SBP coverage prior to his I Aug 79
retirement. The parties divorced on 15 Jan 91 but the court order was silent on the
issue of SBP. The member failed to submit a valid election to change to former spouse
coverage during the time permitted by the law. Neither party remarried and SBP
premiums continued to be deducted from the member's retired pay until his 23 Sep 97
death.
Discussion: Although the decedent did not make a valid election change, there
is no evidence he requested coverage for his former spouse be terminated or question
9703484
- - . . . - __ . ..
c
why SBP premiums continued to be deducted, indicative of his intent to maintain her as
the eligible beneficiary.
Recommendation: There is no evidence of Air Force error; however, to preclude
a possible injustice, we recommend the member's record be corrected to reflect that on
16 Jan 91, he elected to change SB
reduced level of retired pay, naming
Approval should be contingent upon recoupment of any applicable premiums.
r spouse coverage based on a
the former spouse beneficiary.
PAT PEEK, DAFC
Chief, Retiree SeWices Branch
Directorate of Pers Program Mgt
9703484
- . . . -. . . . . .
Even though SBP premiums continue to be deducted from retired pay following divorce, the former spouse is not entitled to receive the annuity in the event of the member‘s death. Facts: The member elected reduced spouse only SBP coverage, reduced annuity, prior to his I May 77 retirement. PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of the Assistant Secretary AFBCMR 98-01590 SEP 3 0 MEMORANDUM FOR THE CHIEF...
Therefore, under the authority delegated in AFI 36-2603, the applicant’s records will be corrected as set forth in the accompanying Memorandum for the Chief of Staff signed by the Executive Director of the Board or his designee. PL 99-145,8 Nov 85 (effective 1 Mar 86) provided former spouse coverage with the same premiums and features as spouse coverage and authorized an open enrollment period (8 Nov 85 - 7 Nov 86) for members to change from insurable interest option (with the former...
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 parties divorced on 17 Oct 86 and the member agreed to continue SBP coverage on the applicant's behalf; however, neither submitted a valid election to change the SBP coverage from spouse to former spouse. Premiums for spouse coverage continued to be deducted from his retired pay and finance records erroneously listed...
36-2603, the applicant's records will be corrected as set forth in the accompanying Memorandum for the Chief of Staff signed by the Executive Director of the Board or his designee. If the retiree does not request a change to former spouse coverage within a year, former spouse coverage may not be established thereafter. Even though SBP premiums continue to be deducted from retired pay following divorce, the former spouse is not entitled to receive the annuity in the event of the member's death.
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...
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. ...
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...
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. Discussion: Even though the member did not make a valid election change, there is no evidence he requested coverage for his former spouse be terminated or established for his new spouse following his remarriage, all indicative of his intent to maintain his former spouse as the eligible SBP beneficiary. Recommendation:...
*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.
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. Discussion: Although the applicant made no election change during the required time limit, there is no...