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Decision Text

ARMY | BCMR | CY1997 | 9710842
Original file (9710842.rtf) Auto-classification: Approved
2. The applicant requests that the Survivor Benefit Plan (SBP) election of her deceased former spouse, a former service member (FSM) be changed from “spouse and children” to “former spouse and children.”

3. The FSM’s military records show he was born on 3 September 1936. The FSM married the applicant on 5 June 1971. The FSM died on 14 June 1987. On 17 September 1987, the Army National Guard Bureau sent notification to the FSM that on 12 September 1985 he had met the eligibility for retired pay at age 60.

4. Public Law 95-397, the RCSBP, enacted 30 September 1978, provided a way for those who had qualified for reserve retirement but were not yet age 60 (and participate in SBP), to provide an annuity for their survivors should they die before reaching age 60. Three options are available: (A) elect to decline enrollment and choose at age 60 whether to start SBP participation; (B) elect that a beneficiary receive an annuity if they die before age 60 but delay payment of it until the date of the member’s 60 th birthday; (C) elect that a beneficiary receive an annuity immediately upon their death if before age 60. If death does occur before age 60, the RCSBP costs for options B and C are deducted from the annuity (costs for option C being the more expensive).

5. In the processing of this case, a staff advisory opinion was requested from the Headquarters Army Retirement Services Office. The Retirement Services Office recommended that the applicant’s request be approved, retroactive to 3 September 1996, the date the FSM would have reached age 60. It was recommended that the FSM’s records be changed to reflect that on 12 September 1985 he made a RCSBP election of “spouse, option B, full base amount”. This option allows the applicant to become an eligible annuitant retroactive to 3 September 1996. It avoids any problems with U.S. Code 3702(b), the Barring Act, 6-year statute of limitations and also provides for a lower cost being deducted from the annuity.
CONCLUSIONS :

1. Although the FSM never elected participation in the RCSBP, this is probably because the New Jersey Army National Guard neglected to notify him of his eligibility in a timely manner. In fact, the notification came 3 months after his death.

2. On 1 December 1984, the FSM named the applicant his sole beneficiary SGLI policy, indicating his intent to provide for his spouse after his death. It follows that the FSM would have named his spouse as the beneficiary of a RCSBP had he lived to make an election.
3. In view of the foregoing, it would be appropriate to correct the records as recommended below.

 RECOMMENDATION :

1. That all of the Department of the Army records related to this case be corrected by showing that the FSM received his letter of notification of 20 years qualifying service on 12 September 1985 and on that date he made a RCSBP election of “spouse, option B, full base amount”, and returned the election form (DD Form 1883) to ARPERCEN for processing, thereby allowing the applicant to become an eligible annuitant on the anniversary of the FSM’s 60 th birthday.

2. That option B costs be considered in calculating the annuity amount.

 BOARD VOTE :
GRANT

GRANT FORMAL HEARING

 DENY APPLICATION




                          
                          CHAIRPERSON

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