DEPARTMENT OF THE AIR FORCE
WASH I NGTON , D.C.
AU6 2 11998
Office of the Assistant Secretary
AFBCMR 98-00486
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States Code and AFI 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:
of the Department of the Air Force relating to
edrto show that on 15 October 1986, he electe
coverage from ‘lspouse and child coverage” to
as former spouse beneficiary, based on full retired pay.
i i l 7 Q w a y d
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
08/1-2/98 WED 16:33
. .
FAX 210 652 4819 SAF-MIBR +++ AFBCMR
DEPARTMENT OF THE AIR FORCE
HEADQUARTERS AIR FORCE PERSONNEL CENTER
RANDOLPH CIR FORCE BASE TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 7 1
Randolph AFB TX 781504713
SUBJECT: Amendment For AFBCMR Docket Number 98-00486
. .-
...
Backqraund: The applicant, former spouse of the above-named retired member,
requested corrective action that would entitle her to a Survivor Benefit Plan (SBP) annuity.
Facts: Our previous advisory, dated 2 Jun 98, indicated that the member elected child
coverage and that coverage continued until his death because the record reflected the
youngest child was incapable of self-support. We stated that the child is now receiving SBP
payments, but the applicant confirmed her son is gainfully employed and is not receiving the
SSP benefit.
Discussion: The incorrect statement on our original advisory does not change the facts
in this case, and our original recommendation to grant relief remains unchanged.
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 that would entitle her to a Survivor Benefit Plan (SBP)
annuity.
Basis for Request: The applicant claims the decedent did not continue SBP coverage
on her behalf as the court stated for him to do.
Backwound: 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 the former spouse requests the election change
within the one-year eligibility period, former spouse coverage may not be established
thereafter.
Facts: The decedent, a retired Reservist, elected spouse and child coverage based on
full retired pay prior to his 60th birthday (28 Sep 77). At that time, the member indicated that
his youngest child was disabled. The parties divorced on 14 Oct 86. Premiums for spouse
coverage were terminated by DFAS Nov 86. Child coverage continued until the member‘s
9 Sep 96 death. That child is now receiving the SBP annuity.
Discussion: Although the decedent made no election change during the required one-
year time limit following divorce, correspondence provided by the applicant serves to confirm
his intent to continue SBP coverage for his former spouse. To deny this request would be to
deny the applicant an asset awarded her by the court.
.
:,*
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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
15 Oct 86, he elected to change SBP spouse to former spouse coverage, naming
m. as the former spouse beneficiary. Approval should be contingent upon recoupment of
appropnate premiums.
Chief, Retiree Services Branch
Directorate of Pers Program Mgmt
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...
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 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...
*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 the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. Although their 13 Apr 94 divorce terminated the applicant’s eligibility as the spouse beneficiary, the member did not request her coverage be canceled and the SBP premiums continued to be deducted from his retired pay until his 31 Jul 98 death. Discussion: Although the decedent,made no election change during the required...
neither the member nor the former spouse requests the election change within the one-year eligibility period, former spouse coverage may not be established thereafter. Although their 29 Mar 96 divorce terminated the applicant's eligibility as the spouse beneficiary, the member did not request her coverage be canceled and the SBP premiums continued to be deducted from his retired pay until his 19 Oct 96 death. Recommendation: Although there is no avidence of Air Force error, to preclude a...
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.
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 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...