DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98- 00095
AUG f 5 1998
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1 5 5 2 , 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 t
show that on 16
Benefit Plan election from “spouse and child coverage” to ’‘former
spouse and child coverage” n
i
beneficiary, based on a reduced annuity.
ment of the Air
be corrected to
qe his Survivor
u
n
a
m
s
MOND H. WELLER
C%ef Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
AUG 2 5 5996
Office of the Assistant Secretary
AFBCMR 98-00095
MEMORANDUM OF CONSIDERAFTON 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. 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.
Panel Chair’
Attachment:
Ltr, AFPC/DPPTR, dtd 11 Jun 9 8
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 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 A I R FORCE 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 50-4713
SUBJECT: 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 he filed a timely election to voluntarily
change to former spouse and child coverage under the Survivor Benefit Plan (SBP) following
their divorce.
.
Basis for Request: The applicant claims the decedent never stopped paying for the
SBP because he meant for her to have it.
Background: A spouse's eligibility ceases following 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, however, the court is silent on the matter of SBP and.there is no written agreement, the
member can submit a voluntary former spouse election, but there is no provision by which the
former spouse can request a deemed election. 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. The parties divorced on
15 Nov 92, but the court order was silent on the issue of SBP. There is no evidence the
member notified the Defense Finance and Accounting Service (DFAS) of the divorce and he
continued to pay spouse and child premiums. The member remarried on 1 Aug 96; however,
his pay record reflected the applicant as the eligible spouse beneficiary until his 9 May 97
death. Shortly after the member's death, his widow applied for the annuity, but was
determined ineligible because they were not married for one year prior to the retiree's death.
The member's and applicant's son (date of birth 25 Feb 81) is currently receiving the annuity
and the applicant submitted a statement waiving all payments that the child has received.
Discussion: Although the member did not submit a valid election to voluntarily change
from spouse to former spouse coverage within the first year following divorce, there is no
s
I
-
-
I
evidence that he requested the applicant’s coverage be terminated or changed to cover his
new spouse, all indicative of his intent to maintain her as the eligible SBP beneficiary.
Recommendation: Although there is no evidence of Air Force error, we recommend
that the member‘s record be corrected to reflect that on 16 Nov 92 he elected to change SBP
spouse and child
se and child coverage based on a reduced level of
s the eligible former spouse beneficiary. Approval
retired pay, naming
any applicable premiums and the applicant’s waiver
should be conting
of SBP payment received by her son.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
e
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.
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...
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 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...
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. Discussion: Although the member did not submit a valid election to voluntarily change from spouse to former spouse coverage within the first year following divorce, there is no evidence that he requested coverage be terminated and continued to pay SBP premiums, indicative of his intent to maintain...
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...
Both must be exercised within one year after 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 during the one-year eligibility period, former spouse coverage may not be established thereafter. Recommendation: Although there is no evidence of Air Force error, to preclude a possible injustice, we recommend the member's...
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...