DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01424
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
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
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show that on 5 Oc
(SBP) election fr
coverage based on
former spouse beneficiary.
ent of the Air
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DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-01424
MEMORANDUM OF13 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, HQ AFPC/DPPTR, dtd Sep 2, 1998,
w/Atch
D E P A R T M E N T O F 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
R A N D O L P H AIR FORCE BASE TEXAS
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
f 2 SEP 2-')
c
9 W p
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 no reasonable person would assume that the SBP
beneficiary would change because of a divorce.
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, maximum annuity, SBP coverage prior to his
1 Aug 77 retirement. The parties divorced on 4 Oct 95 and the court order required the member to
maintain SBP coverage. Neither submitted a valid election change request, and premiums
continued to be deducted from his retired pay until 6 Apr 98 when DFAS updated his record.
Discussion: Although the applicant and the former spouse failed to change SBP coverage
during the required time limit, there is no evidence the member requested her coverage 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 5 Oct 95 he elected to
spouse and child t d former spouse coverage based on full retired pay, naming
s the eligible former spouse beneficiary. Approval should be contingent upon
recoupment of all applicable premiums.
7
PAT PEEK, DAFC
Chief, Retiree Services Branch
Directorate of Pers Program Mgt
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...
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 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. ...
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...
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 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...
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...
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.
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.