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Request for Advance Decision--Survivor Benefit Plan Beneficiary of Technical Sergeant Weldon C. Sikes, U.S. Air Force, Retired B-252787 November 8, 1993

B-252787 Nov 08, 1993
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Even though divorce decree stated that member was to maintain Survivor Benefit Plan for ex-wife. Subsequent nunc pro tunc order which declares marriage dissolved (phrase which was omitted from original decree). DECISION This is in response to a request for an advance decision from the Defense Finance and Accounting Service (DFAS) regarding the proper beneficiary of the Survivor Benefit Plan (SBP) of Technical Sergeant Weldon C. Retired.[6] The issue presented is whether the date of an imperfect divorce decree or the date of the nunc pro tunc order which corrected the defect begins the running of the 1 year period in which a former spouse can obtain a deemed election of SBP coverage. Colorado of his divorce until December 1990 at which time the SBP deductions were discontinued and the amount collected from April 1989 through December 1990 were refunded to the member.

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Request for Advance Decision--Survivor Benefit Plan Beneficiary of Technical Sergeant Weldon C. Sikes, U.S. Air Force, Retired B-252787 November 8, 1993

Military Personnel Pay Survivor benefits Benefit election Election time periods Former spouses Where within 1 year of divorce decree, neither member nor ex-wife filed for former spouse coverage or a "deemed election", respectively, even though divorce decree stated that member was to maintain Survivor Benefit Plan for ex-wife, subsequent nunc pro tunc order which declares marriage dissolved (phrase which was omitted from original decree), does not give a new 1 year period for "deemed election" request.

DECISION

6. The request has been assigned DFAS control number 93-15-M.

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