Is SBP adjusted to
compensate for increases in the cost of living?
Yes. This feature
helps keep SBP's purchasing power in step with tomorrow's dollar
value. All features of SBP are increased by the same percentage as
the retiree Cost of Living Adjustment (COLA). The ratio of cost to
benefit is constant.
What is a "base amount"?
This is the dollar
amount of retired pay you select to base participation on. It can
be any amount between $300 per month and full retired
pay.
Can an election be
changed?
Elections are
generally permanent and irrevocable. However, since May 17, 1998, a
member has been able to unenroll during the one-year period between
the 25th and 36th month following start of retired pay. Spouse
concurrence is required, no costs are refunded, and no future
enrollment is allowed. Premiums continue as long as there is an
eligible beneficiary. Costs are suspended if a spouse is lost to
death or divorce. If the retiree remarries, coverage resumes
automatically at the first anniversary unless the retiree makes a
written request to decline resumption before that date. Child costs
stop when the youngest child exceeds 18 (or 22 if unmarried and
enrolled full time in college).
SBP elections are made by
category, so the choices you make for your eligible beneficiaries
at retirement are critical. For example, if you are married at
retirement, and decline coverage for your spouse, then later
remarry, you may not enroll your new spouse. Likewise, if you have
eligible children you decline to enroll, you may not enroll future
children.
I'm unmarried, what are my
options?
You can elect
"insurable interest" coverage or decline coverage. If you gain a
spouse or child in the future, you may enroll them within one year
of the marriage or birth.
May I terminate my
participation in SBP because I have decided that I no longer need
coverage, it will not benefit my spouse, or I just do not want to
participate in the plan anymore?
You may voluntarily
elect to discontinue participation in the SBP only during the 25th
through the 36th month after commencement of payment of retired
pay. If you qualify to discontinue participation in the plan, you
must complete a DD
Form 2656-2. Spousal concurrence is required, except in limited
circumstances when your spouse is unavailable. The termination form
is only valid if a service-designated SBP Counselor or Notary
Public witnesses your spouse's concurrence.
Must I continue to pay SBP
costs if my spouse dies?
No. SBP spouse
coverage is suspended (not terminated) upon receipt of notice that
your spouse has died. You must send the death certificate to the
mailing DFAS Retired Pay. Upon receipt of the death certificate,
SBP costs will be stopped effective with the first day of the month
after the death of your spouse. SBP costs deducted from your
retired pay, after your spouse has died, will be refunded after
receipt of your spouse's death certificate. The amount refunded
will be limited, if the death certificate is submitted more than
six years after your spouse's death.
If my spouse dies before
me, do I get a refund for all the years that I paid SBP premiums?
No. By law, SBP
spouse premiums cannot be refunded for any period that you had an
eligible spouse beneficiary.
I understand that if my
spouse dies, SBP premiums are suspended. What are my options if I
remarry?
If your SBP coverage
is suspended due to the death of your spouse and you remarry, you
have two options.
Option 1: Resume coverage. Your
new spouse automatically becomes the eligible spouse beneficiary on
the first anniversary of the marriage or upon the birth of a child
of your new marriage. You should provide DFAS with the name, social
security number, date of birth and marriage certificate for your
new spouse as soon as possible, in order to update your records and
properly deduct SBP costs. You also may increase coverage when you
remarry.
Option 2: Terminate coverage. You
may elect not to resume spouse coverage. If you elect not to resume
SBP participation for your new spouse, your new spouse is notified
and any SBP coverage is terminated. An election to terminate spouse
coverage must be made within one year of remarriage and is
irrevocable. If your original SBP participation is for spouse and
child, and you elect to terminate spouse coverage upon remarriage,
your children continue to be covered.
Notice of remarriage as well as an
election to increase coverage or to terminate spouse coverage may
be submitted on DD
Form 2656-6 to DFAS Retired and Annuitant Pay.
If I elected not to
participate in the SBP for my spouse when I retired, may I elect
spouse coverage now?
No. If you were
married at retirement and you declined SBP coverage, there is no
authority to elect spouse coverage after retirement, unless
Congress authorizes an open enrollment period.
I wasn't married when I
retired, so I did not make an election under SBP. If I get married
after retirement, may I elect coverage for my spouse under SBP?
Yes. You may elect
SBP coverage for the first spouse you marry after retirement.
However, you must elect the coverage before the first anniversary
of your marriage. Send a letter to DFAS (or use DD
Form 2656-6) requesting SBP coverage for your spouse, and
provide your spouse's name, social security number, date of birth
and a copy of the marriage certificate.
My spouse and I didn't have any dependent children
when I retired and I didn't elect child coverage. We now have a
child. May I cover the child?
Yes, as long
as you elect coverage within one year of the child's birth or
adoption, etc. Subsequent eligible child beneficiaries will
automatically be covered under SBP. You must provide DFAS with the
child's name, social security number, date of birth, and if
adopted, a copy of the adoption papers, within one year after the
child is acquired. Evidence of the parent-child relationship is
required in order to elect coverage for stepchildren or foster
children.
My divorce decree requires
that I keep SBP coverage for my ex-spouse. What do I have to do?
Spouse coverage
under the SBP stops at the date of divorce, since the status as
spouse ends on that date. Termination of the divorced spouse's
eligibility is automatic under the law, even if the agency is not
advised of your divorce. You should provide DFAS with a copy of the
divorce decree, and a written request to change coverage to former
spouse coverage. You may make a former spouse SBP election whether
or not there is a provision in your divorce decree requiring you to
do so. Any former spouse SBP election must be made within one year
of the date of the divorce, whether voluntary or in compliance with
a court order.
I am the former spouse of
a military retiree and our divorce decree requires the retiree to
provide former spouse SBP coverage for me. Do I need to do
anything?
Yes. Since there is
a provision in a court order or an agreement approved by a court
order, which requires the member to make a former spouse SBP
election, you or your attorney should submit a "deemed election"
request within one year of the date of the court order or agreement
requiring the retiree to provide coverage.
Will my former spouse's SBP
coverage be stopped if I remarry and want to provide coverage for
my new spouse?
It depends. If you
voluntarily elected former spouse SBP coverage and there is no
court order or agreement requiring it, you may change the coverage
to your new spouse or dependent child after you remarry or within
one year of acquiring a dependent child. However, coverage ordered
by a court or written agreement cannot be stopped at your request
alone. Court-ordered former spouse coverage may be changed to
spouse coverage only if you remarry and you furnish DFAS a
certified copy of a court order that modifies the provisions of all
previous court orders and removes any requirement to provide former
spouse SBP coverage. Former spouse coverage can also be changed if
your former spouse dies.
If the former spouse SBP is based
on a written agreement that has not been incorporated, ratified or
approved by a court order, you must furnish DFAS a statement signed
by you and your former spouse, which evidences your former spouse's
agreement to an election change. In addition, you must certify
either the court order is valid and in effect or the statement is
current and in effect.
What happens to my former
spouse's SBP coverage if my former spouse remarries before age 55?
The SBP coverage is
suspended and cost deductions from your retired pay are stopped if
your former spouse becomes ineligible due to remarriage before age
55. The former spouse's SBP coverage is considered suspended for as
long as your former spouse's subsequent marriage remains in effect.
If the subsequent marriage is terminated by death, annulment, or
divorce, your former spouse's eligibility is reinstated and SBP
cost deductions resume.
My spouse told me in the
event of death the military would take care of me. Now that my
spouse has passed away, I've discovered that my spouse did not
elect SBP coverage for me and you've stopped my spouse's retired
pay. Is there anything that can be done?
If the retiree did
not elect SBP spouse coverage when he or she first became eligible,
you are not entitled to receive an annuity now. If the retired
member retired before March 1, 1986 and was married upon
retirement, the military service should have notified you if SBP
was not elected. If the retired member retired March 1, 1986 or
later, you must have signed a written statement concurring in the
retiree's election of anything less than maximum spouse SBP
coverage.
I have been receiving SBP
annuity payments and I want to remarry. What affect will the
remarriage have on my annuity payment?
If you remarry
before age 55, the SBP annuity stops the first of the month in
which you remarry and coverage is suspended. If your
subsequent marriage ends due to death, annulment or divorce, your annuity will be reinstated. If
you remarry after age 55, the SBP annuity will continue to be paid.
You should forward a copy of your marriage certificate to DFAS when
a remarriage occurs.
My spouse elected spouse
and child SBP coverage at retirement. When my spouse died, I was
the only one that received an annuity payment. Why does our minor
child not receive an annuity payment also?
As the spouse, you
are the primary beneficiary under the SBP. Your children are only
eligible to receive an annuity if you die or become ineligible due
to remarriage before age 55 and your children are still dependent
children under the law.
I am the guardian or
family member of a minor, mentally incompetent or legally disabled
person who is entitled to receive an SBP annuity. What should I do
to receive payments on behalf of the minor or legally disabled
person?
If you are the
court-appointed guardian or fiduciary of the annuitant, you should
mail DFAS a copy of the court order appointing you to handle the
financial affairs of the annuitant. If you are a family member of a
minor, mentally incompetent or other legally disabled person and
are requesting court appointment as a representative payee, you
must obtain an application from DFAS Retired and Annuitant Pay
(800-321-1080) and submit the form by mail. The form should be
accompanied by the court order or statement of a physician or
psychologist formally determining mental incompetence or medical
incapacity, or a birth certificate if you are applying on behalf of
a minor child.