DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01422
MEMORANDUM FOR THE CHIEF OF STAFF
Under the authority of Section 1552, Title 10, United States
Code and Air Force Instruction 36-2603, and having assured
the
compliance with the provisions of the above regulation,
decision of the Air Force Board for Correction of Military Records
is announced, and it is directed that:
The pertinen
Force relating to
show that on 27 D
(SBP) election fr
on reduced retire
beneficiary.
rtment of the Air
be corrected to
urvivor Benefit Plan
pouse coverage based
as the former spouse
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01422
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
SUBJECT :
Having carefully reviewed this application, we agree with the
recommendation of the Air Force Office of primary responsibility
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, HQ AFPC/DPPTR, dtd Sep 2, 1998,
w/Atch
DEPARTMENT OF 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 AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 781 50-471 3
SUBJECT: Application for Correction of Military Records
-
2 SEP '?93
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.
Basis for Request: The applicant claims he was told when he retired that SBP for his former
spouse couldn't be changed, even if he remarried.
Backqround: A spouse loses eligibility to receive an SBP annuity upon divorce. However, the law
provides two mechanisms for changing spouse to former spouse coverage. 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. 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
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.
Facts: The member elected spouse and child SBP coverage based on reduced level of coverage
prior to his 1 Jan 75 retirement. The parties divorced on 26 Dec 88 and the final divorce decree required
SBP coverage be continued. Monthly premiums continued to be deducted from his pay; however, his
record erroneously reflected his former spouse as the spouse beneficiary.
Discussion: Although neither the applicant, nor the former spouse made an election change
request during the required time limit, there is no evidence the member requested coverage for his former
spouse be terminated, indicative of his intent to maintain her as the eligible SBP beneficiary. To deny the
request would be to deny his former spouse an asset awarded to 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 27 Dec 88 he elected to
to former spouse coverage based on the previous reduced level of retired
mer spouse beneficiary. Approval should be contingent
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
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.
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 time limit, he did not request coverage for his former spouse be terminated and SBP premiums continued to be deducted from his retired pay, all indicative of his intent to maintain her as the eligible SBP beneficiary. Recommendation: Although...
d+ Panel hair f&, Attachment Ltr, AFPCDPPTR, dtd 14 Sep 98 D E P A R T M E N T O F T H E AIR 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 A I R F O R C E B A S E T E X A S 4 SEP 1998 MEMORANDUM 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 is requesting corrective action to show he filed a timely election for former...
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. 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 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...
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 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...
However, the law provides two mechanisms for changing spouse to 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. Discussion: Even though the member did not make a valid former spouse election change, there is no evidence he requested coverage for her be terminated.
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...