DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
DEC 1 7 I998
Office of the Assistant Secretary
AFBCMR 98-01151
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
to show that on 1
coverage under the Survivor Bene
the
Pay
-as
MOND H. W~LLER
Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
DEC 1 7 1998
Office of the Assistant Secretary
AFBCMR 98-01151
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. 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 14 Sept 98
DEPARTMENT OF T H E A I R FORCE
HEADQUARTERS AIR FORCE P E R S O N N E L C E N T E R
RANDOLPH AIR FORCE B A S E TEXAS
MEMORANDUM FOR AFBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 1 I
Randolph AFB TX 781 50471 3
SUBJECT: Application for Correction of Military Records
r't4-m 1998
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 neither the member nor she made the formal election
necessary to reinstate her entitlement to survivor benefits.
Backaround: A spouse's eligibility to receive an SBP 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 applicant and retiree were married and the member elected spouse and child coverage,
immediate annuity, under the Reserve Component SBP (RCSBP) when he completed his service obligation
(30 Sep 83). The decedent turned age 60 on 24 Jul91 and began to receive retired pay. The parties divorced
17 Dec 93 and the divorce decree was silent on the issue of SBP. However, the applicant was awarded SBP by
a 29 Mar 94 amendment. The retiree marrie-n
12 Feb 94, but took no affirmative action to make her
the beneficiary for the SBP. Absent a valid election for former spouse coverage,-ecame
the eligible
spouse beneficiary by operation of law on 13 Feb 95. The member died 11 Jun 96 and his widow is currently
receiving the SBP payments. There is no evidence the decedent nor the applicant took the required action to
change the coverage, and SBP premiums continued to be deducted from the member's retired pay during the
period he had no eligible spouse beneficiary.
Discussion: The decedent did not request coverage for the applicant be terminated, her birthdate
(31 Dec 30) is listed as the beneficiary on the finance record, and he did not request coverage be established on
his wife's behalf, all indicative of his willingness to maintain coverage for his former spouse. To deny her request
would be to deny her an asset awarded her by the court.
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 18 Dec 93, he elected former spouse
coverage, naming
recoupment of app-s.
as the former spouse beneficiary. Approval should be contingent upon
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgmt -
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...
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 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...
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...
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.
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...
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. ...
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...
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...