DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
JUN 3 0 1998
Office of the Assistant Secretary
AFBCMR 9 8 - 0 0 0 6 8
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code and 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 18 0
(SBP) election fr
based on reduced
former spouse beneficiary.
ment of the Air
be corrected to
rvivor Benefit Plan
VAir Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-00068
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
Having carefully reviewed this application, we agree with the
recommendation of the Air Force office of primary responsibility
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. Therefore, under the authority delegated in AFI
3 6 - 2 6 0 3 , 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.
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Attachment:
Ltr, HQ AFPC/DPPTR, dtd May 21, 1998,
w/Atch
D E P A R T M E N T O F T H E A I R F O R C E
H E A D Q U A R T E R S A I R F O R C E P E R S O N N E L C E N T E R
R A N D O L P H A I R F O R C E B A S E T E X A S
MEMORANDUM 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
Reference:
Requested Correction: The applicant is requesting corrective action to show he
elected former spouse coverage based on a reduced amount of retired pay under the
Survivor Benefit Plan (SBP) to comply with the court order.
Basis for Request: The applicant claims his ignorance of the law and
misinformation provided by personnel at Maxwell AFB AL caused this error.
BackQround: A spouse’s eligibility to receive an annuity terminates upon
divorce. However, the law provides two mechanisms for changing spouse 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 the court
ordered the member, to establish former spouse coverage. 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. Even though SBP
premiums continue to be deducted from the member’s 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 spouse only coverage based on a reduced level of
retired pay prior to his I Jun 90 retirement and his wife concurred in the election. The
parties divorced on 30 Jun 95; the divorce decree was later amended (1 7 Oct 95)
requiring SBP coverage be continued. However, neither the applicant nor his former
spouse submitted a valid election change during the required time limit. The member
claims that when he sought assistance in converting to former spouse coverage he was
miscounseled and advised to keep spouse coverage with his former spouse as the
beneficiary. Premiums continued to be deducted from his retired pay until Jan 98 when
the Defense Finance and Accounting Service - Cleveland Center (DFAS-CL) updated
his records, suspended SBP costs, and refunded the premiums retroactive to the date
of divorce.
Discussion: Even though the member did not make a valid former spouse
election change, there is no evidence he requested coverage for her be terminated. To
deny this request would be to deny his former spouse an asset awarded to her by the
court.
Recommendation: Although there is no evidence of Air Force error, to preclude
a possible injustice, we recommend the member's record be corrected to reflect on
18 Oct 95 he elected former
in effect on that date, namin
contingent upon recoupment of any applicable premiums.
level of retired pay
oval should be
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
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...
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. Even though SBP premiums continue to be deducted from the member’s retired pay following divorce, the former spouse is not entitled to receive the annuity in the event of the member’s death. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for...
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. Premiums continue to be deducted from his retired pay erroneously listing the former spouse as the eligible spouse beneficiary. e to former spouse coverage the former spouse beneficiary, PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt 7 / DEPARTMENT OF THE AIR FORCE WASHINGTON, DC Office of...
If neither the member nor former spouse requests the election change during the one-year eligibility period, former spouse coverage may not be established thereafter. Thus, even though a member may not have notified the Defense Finance and Accounting Service (DFAS) of the divorce and continued to pay premiums for spouse coverage after the divorce, the former spouse is not eligible for annuity payments upon the member's death. Recommendation: Although there is no evidence of Air Force...
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...
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...
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...
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. Eligibility and premiums are reinstated effective the first day of the month after the date the former spouse's remarriage terminates. Discussion: Although the member made no election change during the required one- year time limit following divorce, there is no evidence that he requested DFAS terminate his former...
PAT PEEK, DAFC Chief, Retiree Services Branch Directorate of Pers Program Mgmt D E P A R T M E N T O F T H E A I R FORCE H E A D Q U A R T E R S AIR FORCE P E R S O N N E L C E N T E R R A N D O L P H AIR FORCE B A S E TEXAS MEMORANDUM FOR AFBCMR FROM: HQ AFPC/DPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-4713 SUBJECT: Application for Cortection of Military Records Requested Correction: The applicant, former spouse of the above-named retired member, is requesting corrective action...