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Survivor Benefit Plan and Proper Inception Date of Spouse Coverage on Remarriage

B-195349 Jan 10, 1980
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Highlights

The Air Force requested an opinion on two cases involving the Survivor Benefit Plan (SBP). In particular, the question involved the proper inception date of spouse coverage on remarriage and the effective date for reduction in retired pay. Where a member remarries a former spouse who had been married to the member at retirement, and was initially provided spouse coverage under SBP, such a spouse upon remarriage is exempt from the 1-year waiting period before becoming an eligible spouse beneficiary. The effective date for further reduction of retired pay for the cost of spouse coverage would be the first of the month following the date of remarriage, unless that date was the first of the month, in which case, charges would be made for the month. Where the initial marriage was contracted after the effective date of the SBP and after the member retired, a former spouse upon remarriage does not qualify as an eligible spouse beneficiary until the first anniversary of the remarriage. Cost assessments for remarriages in this case would be made of the month following either the first anniversary of that remarriage, or the date such a spouse becomes a parent of issue by that marriage unless that date was on the first of the month, in which case charges would be made for that month. Accordingly, the vouchers in question were to be returned to the Air Force for modification and payment consistent with the foregoing.

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