DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-02245
SEP 3 0 1998
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:
ds of the Department of the Air Force relating
corrected to show that on 14 April 1994, he e
coverage from If spouse coverage" to "former spouse
the former spouse beneficiary, based on full retired
DONNA PITTENGER
Chief Examiner
Air Force Board for Correction
of Military Records
DEPARTMENT OF THE AIR FORCE
WASHINGTON, DC
Office of the Assistant Secretary
AFBCMR 98-02245
MEMORANDUM OF CONSIDERATION OF APPLICATION BEFORE THE AFBCMR
Having carehlly 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, AFPCDPPTR, dtd 24 Aug 98
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
MEMORANDU! FOR
FBCMR
FROM: HQ AFPC/DPPTR
550 C Street West Ste 11
Randolph AFB TX 781 50-471 3
SUBJECT: Application for Correction of Military Records
Reauested 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 her former spouse continued to make SBP premium
payments after their divorce and meant for her to have SBP, and the retiree thought the divorce decree
was the only documentation necessary.
Backaround: A spouse’s eligibility to receive an 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 the former spouse requests
the election change within the one-year eligibility period, former spouse coverage may not be established
thereafter.
Facts: The decedent elected spouse coverage based on full retired pay prior to his retirement on
21 Oct 86. 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 one-year time
limit following divorce, there is no evidence that he requested coverage for his former spouse be
terminated, indicative of his intent to maintain her as the eligible SBP beneficiary as required by the
court order. To deny this request would be to deny the applicant 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
to change SBP spouse to former spouse coverage, nami
beneficiary. Approval should be contingent upon recoup
14 Apr 94, he elected
as the former spouse
-3 /I
PAT PEEK, DAFC
Chief, Retiree Setvices Branch
Directorate of Pers Program Mgmt
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...
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...
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 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...
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...
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. ...
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 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...