Survivor Benefit Plans and Military Divorce: Defending Against or Claiming Former-Spouse SBP Coverage

Transcription

1 Presenting a live 90-minute webinar with interactive Q&A Survivor Benefit Plans and Military Divorce: Defending Against or Claiming Former-Spouse SBP Coverage WEDNESDAY, JUNE 28, pm Eastern 12pm Central 11am Mountain 10am Pacific Today s faculty features: Wm. John Camp, Attorney, John Camp Law, Warner Robins, Ga. G. Brentley Tanner, Partner, Sullivan & Tanner, Raleigh, N.C. The audio portion of the conference may be accessed via the telephone or by using your computer's speakers. Please refer to the instructions ed to registrants for additional information. If you have any questions, please contact Customer Service at ext. 10.

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5 Survivor Benefit Plans and Military Divorce: Defending Against or Claiming Former-Spouse SBP Coverage Brent Tanner John Camp

6 Points for Consideration What is the SBP? SBP Costs Legal Authorities for SBP DD Forms Timing for SBP Designation Active Duty vs. Reserve Component When is SBP not an option? Board for the Correction of Military Records and the SBP Appeal Types of Beneficiaries Alternatives to SBP Is SBP part of MPD or is it separate? If no military service during coveture, can SBP be given to former spouse from premarital retirement? 6

7 SBP Should ByPass? SBP = 10 USC 1447 et seq. Benefit at death of retiree/sm = 55% of base amount Cost (fm retired pay) = 6.5% of base amt for spouse/former spouse coverage Benefits, disadvantages Checklist for judges 7

8 SBP DEFINED Court can order SBP coverage Without it, payments to former spouse end at the retiree's death Unitary cannot divide, share with your NEW spouse! 8

9 SBP Election At retirement for A/D members Turn-down requires spousal consent Guard/Reserve choices [use DD Form ] 9

10 SBP DEFINED Premiums come off the top before DRP (if court-ordered) Avoid SGLI as alternative (Ridgway case) 10

11 TYPICAL CLAUSE??? MARY DOE SHALL RECEIVE 46.5% OF ALL THE MILITARY RETIREMENT BENEFITS OF JOHN DOE, INCLUDING EVERYTHING ATTRIBUTABLE TO HIS SERVICE IN THE MILITARY TOWARDS A PENSION, AND EVERY PENSION BENEFIT OF HIS. 11

12 BETTER Clause Master Sgt. John Doe will elect former-spouse Survivor Benefit Plan coverage for Jane Doe, with his full retired pay chosen as the base amount. 12

13 LIFE & DEATH If representing SPOUSE Life: SPECIFY SHARE OF PENSION Death: IF SM DIES AFTER DIVORCE, SBP COVERAGE TO FORMER SPOUSE JOHN WILL IMMEDIATELY ELECT FORMER- SPOUSE SBP COVERAGE FOR MARY. 13

14 SBP Strategies Shifting the premium to FS SBP not available if FS remarries before 55 14

15 SBP Strategies Strategies for Servicemember Require FS to reimburse Servicemember for premium Lower the share of FS so that, in effect, she bears entire burden of payment (e.g., 30% nominal share for FS, 25.13% after premium shift!) 15

16 SBP Strategies SBP not available if FS remarries before age 55 - suspended But reinstated if later divorce Or death of new spouse Or annulment 16

17 SURVIVOR BENEFIT PLAN One-year deadline From divorce if SM submits applies From date of SBP order if FS sends the order Dealing with Deadlines 17