DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
SEP 3 o
Office of the Assistant Secretary
AFBCMR 98-01590
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
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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.
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Attachment:
Ltr, HQ AFPC/DPPTR, dtd Sep 14, 1998,
w/Atch
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 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
Requested Correction: The applicant, son of the above-named retired member, is
requesting corrective action that would entitle his mother to a Survivor Benefit Plan (SBP)
annuity.
Basis for Request: The applicant claims military personnel didn’t properly advise the
decedent that his election should be changed to “prior spouse” after the divorce.
Backaround: A spouse’s eligibility to receive an SBP annuity terminates upon divorce.
However, the law permits retirees to elect former spouse coverage, but the election change
must be submitted within one year following the divorce. 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.
Facts: The member elected reduced spouse only SBP coverage, reduced annuity,
prior to his I May 77 retirement. The parties divorced effective 2 Jun 93, but the divorce
decree did not address the SBP. There is no evidence the decedent took the required action
to change the election, but his record continued to reflect his former spouse’s date of birth as
the eligible spouse beneficiary and SBP premiums were deducted from his retired pay until his
death on 4 Sep 97.
Discussion: There is no record that the member requested coverage for his former
spouse be terminated, nor questioned the deduction of SBP premiums from his retired pay,
each indicative of his willingness to provide her the benefit.
Recommendation: Although there is no evidence of Air Force error, we recommend
n 3 Jun 93, he elected former spouse
s the former spouse beneficiary.
that the member‘s record be corre
coverage, reduced annuity, namin
Approval should be contingent upon recoupment of appropriate premiums.
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 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 i's Qjrected that:
The pertinent mill
Force relating t
corrected to sho
Benefit Plan (SBP) election from spouse cove
coverage based on reduced retired pay, namin
the former spouse beneficiary. j2f+pmlq
Chief E aminer
Air Force Board for
of Military Records
Correction
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...
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...
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.
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 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. ...
*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.
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...
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. Eligibility and premiums are reinstated effective the first day of the month after the date the former spouse's remarriage terminates. Discussion: Although the member made no election change during the required one- year time limit following divorce, there is no evidence that he requested DFAS terminate his former...
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...
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...