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Matter of: Evelyn M. Fleming - Survivor Benefit Plan - Former Spouse Election File: B-258310 Date: December 28, 1994

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Highlights

Former spouse election under Survivor Benefit Plan (SBP) is valid even though request for election was filed on Open Season election form (DD Form 2618) rather than forms for SBP Election Change and Election Statement for Former Spouse Coverage because submitted form contained all information required by 10 U.S.C. We believe she is the beneficiary of his SBP. To make such election effective and that such election was to continue during SSG Fleming's lifetime. This form was forwarded to the Defense Finance and Accounting Service (DFAS). Since the Army's representative was incorrectly advised that there was no SBP coverage then in effect (SSG Fleming had elected coverage in 1985). Fleming's attorney was advised to complete the open season SBP form.

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