DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01371
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code, Air.Force Instruction 3 6 - 2 6 0 3 , 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 pertinent milit
tment of the Air
be corrected to
Force relating to
show that on 1 Ma
under the Survivor Benefit Plan, naming
the former spouse beneficiary, based on full retired pay.
as
Y C ief Examiner
MOND H. W ~ L E R
Air Force Board for Correction
of Military Records
AFBCMR 98-01371
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.
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.
Therefore,
Attachment:
Ltr, AFPC/DPPTR, dtd 14 Sep 98
D E P A R T M E N T O F T H E A I R F O R C E
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 AFPWDPPTR
550 C Street West Ste 11
Randolph AFB TX 781504713
SUBJECT: Application for Correction of Military Records
t 4 SEP 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 the member continued to pay premiums until his death
and assured her she was covered under the Plan.
Backqround: A spouse's eligibility to receive an SBP annuity terminates upon divorce. 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. However, PL 94-496 (14 Oct 76, but effective 1 Oct 76) allowed suspension of
premiums following the spouse's divorce or death. PL 98-94 (24 Sep 83) permitted retirees to elect
former spouse coverage within one year following the divorce. If former spouse coverage is not
established within that time, it 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 during the initial SBP open enrollment period when
he elected full spouse and child coverage. The parties divorced on 9 Apr 73, and the divorce decree did
not address the SBP. However, neither remarried, the former spouse's date of birth remained in his
records as the eligible beneficiary, and the SBP premiums continued to be deducted until his death on
30 Mar 98.
Discussion: Although the law in effect when the parties divorced did not provide any mechanism
for continuing the coverage for a former spouse, or allow the retiree to stop the monthly cost, there is no
evidence or documentation showing that he requested coverage for his former spouse be terminated,
indicative of his intent to keep her as the 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 1 Mar 86, he elected former spouse coverage, naming
as the former spouse beneficiary. It is appropriate that the effective date be 1 Mar 86
t opportunity a retiree could change to former spouse coverage at the same cost and
benefit as spouse coverage. Approval should be contingent upon recoupment of appropriate premiums.
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgmt
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.
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...
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: Although the member made no election change during the required one- year time limit following divorce, he did not request DFAS terminate his former spouse's coverage, premiums continued to be deducted from his pay, and he took immediate action to establish former spouse coverage after DFAS-CL advised him it...
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...
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 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...
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...
AIR FORCE EVALUATION: The Chief, Retiree Services Branch, AFPC/DPPTR, reviewed this application and states that at the time of the applicant's divorce there was no provision under the SBP law to continue coverage to a former spouse. THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did noz demonstrate the existence of probable material error o r injustice; that the application was denied without a personal appearance; and that the application will only be...
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...