Posted on May 23, 2024
How can I receive Survivor Benefits if my military spouse did not sign up upon retirement?
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My spouse passed away unexpectedly last year. He did not sign up for Survivor Benefits when he retired and noone told us he could have done that later. His death and loss of benefits has put me as the surviving veteran spouse in a severe financial bind.
Benefits
Benefits Advisor
Veteran Benefits Advisor
Posted 6 mo ago
Responses: 11
Mary, if you're referring to the Survivor Benefit Plan (SBP), the hard truth nobody is saying is that you can't ("How can I receive Survivor Benefits if my military spouse did not sign-up upon retirement").
If your husband retired prior to March 1, 1986 (38 years ago), then he could have declined SBP coverage without your consent (assuming you were currently married than). After that date, then your written consent was required to reduce it below full coverage (55% of retirement pay).
Once a SBP declaration is made at retirement, it can't be changed except in certain limited windows (usually based on changes in law that occured). The last open window recently closed (it ran from December 23, 2022 to January 1, 2024) and was opened due to a change to how SBP and DIC payments from the VA are handled that was made in the National Defense Authorization Act of 2023.
However, if you can prove that the election was changed due to fraud (hypothetical - he retired after March 1, 1986 and he forged your written consent on the election) or error (he didn't refuse the election and it was processed incorrectly) through the courts, then you may be able to have the SBP restored (all previous unpaid premiums would be a debt to the future SBP payments though).
Having said all that, there are "survivor benefits" that others have mentioned that you might be eligible for. I would take MAJ (Join to see)'s advice and contact a Retirement Service Officer and/or Sgt (Join to see)'s suggestion to work with a VSO to determine if there are any benefits you are eligible for.
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* SBP https://comptroller.defense.gov/Portals/45/documents/fmr/archive/07barch/07b_43.pdf
If your husband retired prior to March 1, 1986 (38 years ago), then he could have declined SBP coverage without your consent (assuming you were currently married than). After that date, then your written consent was required to reduce it below full coverage (55% of retirement pay).
Once a SBP declaration is made at retirement, it can't be changed except in certain limited windows (usually based on changes in law that occured). The last open window recently closed (it ran from December 23, 2022 to January 1, 2024) and was opened due to a change to how SBP and DIC payments from the VA are handled that was made in the National Defense Authorization Act of 2023.
However, if you can prove that the election was changed due to fraud (hypothetical - he retired after March 1, 1986 and he forged your written consent on the election) or error (he didn't refuse the election and it was processed incorrectly) through the courts, then you may be able to have the SBP restored (all previous unpaid premiums would be a debt to the future SBP payments though).
Having said all that, there are "survivor benefits" that others have mentioned that you might be eligible for. I would take MAJ (Join to see)'s advice and contact a Retirement Service Officer and/or Sgt (Join to see)'s suggestion to work with a VSO to determine if there are any benefits you are eligible for.
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* SBP https://comptroller.defense.gov/Portals/45/documents/fmr/archive/07barch/07b_43.pdf
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MAJ Ken Landgren
Your response is really good and detailed. Qualifying for SBP is contingent upon the payment of monthly premiums which I assume is based on actuarial tables. Receiving SBP without paying the premiums makes no sense and infeasible. I am no expert, and this is my opinion.
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COL Randall C.
MAJ Ken Landgren - Ken, it sounds like you're describing life insurance ('based on actuarial tables'). SBP costs* are not based on your age*, your health, or on economic forecasts.
SPB* is very straightforward (for spousal coverage that is) - Monthly cost for spouse is 6.5%* of the base annuity amount SPB payments are based on (which maxes out at your full base pay for retirement. So if you have full coverage and you recieve $6,000 a month in retirement pay, then your SBP premium would be $390 a month and your SBP costs won't change unless your base annuity amount changes (which for most retirees who have it as 100% of their base retirement pay, usually means annually when there is a COLA increase).
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* Survivor Benefit Program costs - https://militarypay.defense.gov/Benefits/Survivor-Benefit-Program/Costs-and-Benefits/
* SBP costs for children and an 'insurable interest' do have a component that is calculated based on your age
* There is one caveate to the 6.5% - if you entered the service prior to March 1, 1990, then you pay the lower of either 6.5% or if your base annuity amount or a 'low-cost premium threshold (skipping the calculations, for 2024 the breakeven is if your base amount is $2,166.43)
SPB* is very straightforward (for spousal coverage that is) - Monthly cost for spouse is 6.5%* of the base annuity amount SPB payments are based on (which maxes out at your full base pay for retirement. So if you have full coverage and you recieve $6,000 a month in retirement pay, then your SBP premium would be $390 a month and your SBP costs won't change unless your base annuity amount changes (which for most retirees who have it as 100% of their base retirement pay, usually means annually when there is a COLA increase).
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* Survivor Benefit Program costs - https://militarypay.defense.gov/Benefits/Survivor-Benefit-Program/Costs-and-Benefits/
* SBP costs for children and an 'insurable interest' do have a component that is calculated based on your age
* There is one caveate to the 6.5% - if you entered the service prior to March 1, 1990, then you pay the lower of either 6.5% or if your base annuity amount or a 'low-cost premium threshold (skipping the calculations, for 2024 the breakeven is if your base amount is $2,166.43)
Survivor Benefit Program Costs and Benefits
Military Pay and Benefits Website sponsored by the Office of the Under Secretary of Defense for Personnel and Readiness
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A1C Medrick "Rick" DeVaney
MAJ Ken Landgren -
My Brother Owned An Insurance Company In Panama, Outright.
"La Tienda de Seguros" Just Outside The Gates Of Balboa Canal Zone ~
And I Use To Sell Life Insurance When I Lived In California~~
But The More I Learned About It, The More I Was Convinced To Not Buy It. ~~ BUT If You Feel The Necessity, Purchase "TERM" Life ~ "WHOLE" Life's A Rip.. And The Profits Are Huge ~ And That's Why The Companies & The Sales Force LOVE To Sell It. ~~ "Run FOREST ~ RUN"!
~~ If You'd Like To Know My Reasoning, Send Me A Memo & I'll Tell You.~~
My Brother Owned An Insurance Company In Panama, Outright.
"La Tienda de Seguros" Just Outside The Gates Of Balboa Canal Zone ~
And I Use To Sell Life Insurance When I Lived In California~~
But The More I Learned About It, The More I Was Convinced To Not Buy It. ~~ BUT If You Feel The Necessity, Purchase "TERM" Life ~ "WHOLE" Life's A Rip.. And The Profits Are Huge ~ And That's Why The Companies & The Sales Force LOVE To Sell It. ~~ "Run FOREST ~ RUN"!
~~ If You'd Like To Know My Reasoning, Send Me A Memo & I'll Tell You.~~
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Thank you for your question, PO2 Walkup. We are so very sorry for your loss and extend our condolences to you. The Department of Veterans Affairs (VA) offers a number of benefits to eligible surviving spouses and children. Additionally, there are a number of state benefits and private programs that may be available to you. Please contact the Tragedy Assistance Program for Survivors (TAPS) at 800-959-TAPS (8277) or send a detailed message to [login to see] and our Casework Advocates will do all they can to support you through identifying benefits and programs that may be available to you. We are here to help. With care and condolences.
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A1C Medrick "Rick" DeVaney
And If You're Having Issues, Which Cannot Be Solved Locally, Contact These People, Out Of WASHINGTON DC ~ I've Found Them VERY Helpful ~ And They Take Action NOW.
.~~~~~ VA HOTLINE~ Customer Service Representative at [login to see] .~~~~
.~~~~~ VA HOTLINE~ Customer Service Representative at [login to see] .~~~~
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7
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When All Else Fails, These Folks Give'm A Jump Start And Get'm Moving Again:
After More Than 25 YEARS Of Searching I FINALLY Found A Place To Get Help.SO, If You're Having ANY Kind Of Problem With Your Local VA, Which Cannot Be Solved Locally,
These Folks Kick A** And Jump In With Both Feet , And Running At Top Speed:
.~~~~~ VA HOTLINE~ Customer Service Representative at [login to see] .~~~~
~~
~~~~~~~~MOST VETS & Even VA Doctors & Staff Do NOT KNOW THIS~~~~~~
~~~ So Make A Copy & Put It Into Your Files, As You WILL Be TOLD: "That's Not True"~~~~
~~
~I Asked This Question:~."Is A Military Veteran Entitled To Care And Supplies, Through ANY VA Facility,
Regardless Of Where He Resides"? ~
~ And Here's Their REPLY As Received:~
~
"YES A MILITARY VETERAN can receive medical products from out-of-state VA facilities,
Even if they are NOT LIVING In That Area."~~
However, the veteran must be eligible for VA care without needing to enroll or be enrolled in VA health care 1. The eligibility for community care is dependent upon a veteran’s individual health care needs or circumstances 1. In most cases, veterans must receive approval from VA prior to obtaining care from a community provider 1. VA staff members generally make all eligibility determinations 1. Please note that VA is not authorized to ship medications or medical/surgical supply items outside of the U.S. or its territories 2. If you’re a veteran who lives overseas, you remain entitled to the benefits and services you earned through your military service. Most VA benefits are payable regardless of your place of residence or nationality 3. If you’re moving outside the U.S., you’ll need to sign up for the Foreign Medical Program. Through this program, VA will pay for certain needed health care services received in foreign countries to treat a service-connected disability or a disability that’s making a service-connected condition worse 4.
I hope this helps
After More Than 25 YEARS Of Searching I FINALLY Found A Place To Get Help.SO, If You're Having ANY Kind Of Problem With Your Local VA, Which Cannot Be Solved Locally,
These Folks Kick A** And Jump In With Both Feet , And Running At Top Speed:
.~~~~~ VA HOTLINE~ Customer Service Representative at [login to see] .~~~~
~~
~~~~~~~~MOST VETS & Even VA Doctors & Staff Do NOT KNOW THIS~~~~~~
~~~ So Make A Copy & Put It Into Your Files, As You WILL Be TOLD: "That's Not True"~~~~
~~
~I Asked This Question:~."Is A Military Veteran Entitled To Care And Supplies, Through ANY VA Facility,
Regardless Of Where He Resides"? ~
~ And Here's Their REPLY As Received:~
~
"YES A MILITARY VETERAN can receive medical products from out-of-state VA facilities,
Even if they are NOT LIVING In That Area."~~
However, the veteran must be eligible for VA care without needing to enroll or be enrolled in VA health care 1. The eligibility for community care is dependent upon a veteran’s individual health care needs or circumstances 1. In most cases, veterans must receive approval from VA prior to obtaining care from a community provider 1. VA staff members generally make all eligibility determinations 1. Please note that VA is not authorized to ship medications or medical/surgical supply items outside of the U.S. or its territories 2. If you’re a veteran who lives overseas, you remain entitled to the benefits and services you earned through your military service. Most VA benefits are payable regardless of your place of residence or nationality 3. If you’re moving outside the U.S., you’ll need to sign up for the Foreign Medical Program. Through this program, VA will pay for certain needed health care services received in foreign countries to treat a service-connected disability or a disability that’s making a service-connected condition worse 4.
I hope this helps
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LCDR Carla Cherry
Thank you for providing this info! Often I am asked about VA benefits because I have worked in the system. I encourage every Veteran to run to the VA and enroll. Simply, because there are so many Vets and their families needing support. You never know what you can receive until you go. So many new benefits are available including Life Insurance.
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