articles - MILITARY RETIREES

"FORGOTTEN WIDOWS" FORMS AVAILABLE

Certain widows of military retirees, who were left out of the military's Survivor Benefit Plan (SBP) when it started in 1972, became eligible for a monthly payment of $165 on December 1, 1997, as part of the Fiscal Year 1998 Defense Authorization Act.

"Forgotten widows" were inadvertently created when Congress passed the law creating the Survivor Benefit Program option for uniformed services retirees eligible to draw retired pay. In 1978, another law extended SBP option to Reserve retirees who had not reached age 60, the age at which Reserve retirees begin drawing retired pay. In the process, these laws created a class of "forgotten widows," those whose husbands had retired from service and died before being able to enroll in SBP. Two categories of widows qualify for this annuity:

1.
Surviving spouse of a retired (regular or reserve) service-member who died before March 21, 1974 and was already drawing military pay at the time of death. This widow must not have ever remarried; cannot have received Dependency and Indemnity Compensation (DIC) from VA; or Minimum Income Widow (MIW) benefits from the VA.

2.
A surviving spouse of a Reserve member who had over 20 years of qualifying service (but less than 20 years of active duty) at the time of death, and died between September 21, 1972 and October 1, 1978, inclusive. In addition, the widow must not have ever remarried, and cannot have received DIC or MIW from the VA.

Widows of active-duty military retirees who died before March 1, 1974 or, in the case of a reserve member, died between September 21, 1972 and October 1, 1978 are entitled to receive $165 per month. Widows need to have the following information: 1) A copy of a retirement order or copy of Notice of Retirement Eligibility or other official service document showing deceased member's retired status; 2) A copy of the deceased retiree's final DD Form 214 ( Certificate of Discharge); 3) A certified true copy of the deceased member's death certificate; and 4) A certified, true copy of your certificate of marriage to the deceased retired member.

In order to get the application widows must go to the Retiree Affairs Office at the nearest military installation. The completed form, with the necessary attachments, must then be sent to the respective service of the deceased retiree. The addresses are provided on the application.

DIC Payments Reinstated for Formerly Remarried Spouses. The law in this regard has changed. Surviving spouses of veterans who die from service connected disability can resume receiving assistance under the VA's Dependency and Indemnity Compensation (DIC) program if their subsequent remarriage ends, thus repealing a 1990 change in law. This law was effective October 1, 1998.

The Survivor Benefit Plan is the ONLY means by which retirees can guarantee that a surviving spouse can receive a portion of their retirement pay. By withdrawing from SBP, a survivor will no longer receive any percentage of retirement pay. Further, there will be no refund of premiums already paid for SBP. You should carefully review this opportunity. You may wish to consider contacting a financial planner to determine the best plan for you and your family.

SBP disenrollment forms are available to military retirees who have been retired for more than two years currently have a one year window to withdraw from the Survivor Benefit Plan. Those who do not yet receive retired pay, or have not been retired for two years, will have a one year window between the second and third year of receiving retirement pay to withdraw.

SBP disenrollment forms have been sent to Retiree Service Officers at local military installations.