DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
JUL 2 0 SI6
AFBCMR 98-00351
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
Having carefully reviewed this application, we agree with the
recommendation of the Air Staff 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 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.
Attachment:
Ltr, AFPC/DPPTR, dtd 2 Jun 98
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-00351
JUL 2 0 t386
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:
ent of the Air
The pertine
e corrected to
Force relating t
e Survivor
show that on 24
Benefit Plan to change his coverage from I1spouse coveragell to
- erage," based on full retired pay, and naming
as the eligible former spouse beneficiary, and
age was suspended effective 1 March 1996
following her remarriage.
DONNA PITTENGER
Chief Examher
Air Force Board for Correction
of Military Records
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 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 AIR F O R C E B A S E T E X A S
MEMORANDUM FOR AFBCMR
FROM: HQ AFPCIDPPTR
550 C Street West Ste 11
Randolph AFB TX 78150-4713
SUBJECT: Application for Correction of Military Records
Requested Correction: The applicant is requesting corrective action to show he filed
a timely election for former spouse coverage under the Survivor Benefit Plan (SBP) to comply
with his divorce decree and to suspend coverage effective the date of his former spouse's
remarriage.
Basis for Request: The applicant claims he was unaware of the requirement to change
the SBP beneficiary from spouse to former spouse.
Backn rou nd:
a. A spouse beneficiary loses eligibility to receive an annuity 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 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
(DFAS) of the divorce and continues to pay SBP premiums afterwards, the former spouse is
not eligible for annuity payments upon the member's death.
b. Court-ordered former spouse coverage may be terminated if the member obtains an
amended court order that removes the requirement to provide former spouse coverage in
order to provide coverage for a spouse. Former spouse coverage is suspended if the former
spouse remarries before age 55, and costs cease effective the first day of the month after the
month of remarriage. Eligibility and premiums are reinstated effective the first day of the
month after the date the former spouse's remarriage terminates. If the member dies while the
former spouse is ineligible, entitlement is reinstated in the event the disqualifying marriage
subsequently terminates.
Facts: The member was married and elected spouse coverage, maximum annuity,
prior to his 1 Feb 93 retirement. The parties divorced 23 Sep 94 and the divorce decree
required SBP coverage be continued; however, neither the applicant nor his former spouse
Y
submitted a valid election change during the required time limit. The applicant has not
remarried; however,the former spouse remarried on 11 Feb 96 (prior to attaining age 55).
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 spouse’s coverage. To deny the applicant’s request for former spouse coverage would
be to deny his former spouse an asset awarded 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 that on
24 Sep 94 he electe
full retired pay, namin
spouse coverage wa
use coverage to former spouse coverage based on
as the eligible former spouse beneficiary, and former
e 1 Mar 96 following her remarriage.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgmt
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. 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...
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...
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...
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...
No objection would be offered to a correction submitted an election changing coverage new spouse within the time frame Technical Branch Retired Pay Operations I *- U I-- D E P A R T M E N T OF 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 AIR FORCE B A S E T E X A S MEMORANDUM FOR AFBCMR FROM: HQ AFPWDPPTR 550 C Street West Ste 11 Randolph AFB TX 78150-471 3 SUBJECT: Application for Correction of Military Records Reference: f Requested...
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...
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...
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 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:...
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...