Research - Rehabilitation - Re-Employment

Sgt. Shaft 07/10/2008

Dear Sgt. Shaft,

I served 20+ years in the Air Force Reserve, and in 2005 elected to go into the Retired Reserve status. Now that I'm turning 60 this year, I finally received forms in order to apply for my retirement pay. One of the forms included the Survivor Benefits Plan (SBP) and my husband adamantly objected to taking advantage of this program, so we signed the notarized statement that came with the forms and sent them back to Air Reserve Personnel Center.

Today, I get a call informing me that we cannot do this, and that the SBP will automatically come out of my retirement check since it's irrevocable and the only way it could be stopped is in the event of his death or upon a divorce (neither is a favorable option). I was told that I should have "read the small print" before signing and that I had 90 days after signing it in 2005, to reverse my decision.

This retirement will be the only income I'll be receiving, and owing to poor health, the decreased amount on my monthly check would put a financial hardship on me and my spouse. My question is, can this be reversed in any way? Are there any avenues other than a divorce that I can take?

It saddens me that we are being forced to divorce because of a law or form that was signed more than three years ago, and no one is willing to even listen to our complaint. All we hear is, "it's the law," "you should have called before this," "it's irrevocable" or "it's not our fault."

Why can't my husband and I have a say in our own lives and our own retirement plans, because life changes daily and sometimes situations arise that cause us to make different decisions as life continues? Please give us some guidance of what other options are available or refer us to someone who may be able to help.

Thank you,
Susan T.
Via the Internet

Dear Susan:
My sources tell me that the decision to accept SBP is irrevocable once itīs made, with one exception. The Air Force Reserve cannot force someone to accept SBP if the spouse concurs with the member's decision to decline it. What likely happened is that you made an SBP election when you received your 20-year letter and either forgot or didn't realize it at the time.

There is light at the end of the tunnel, however. Retirees have a one-year window between their 24th and 36th month of retirement during which they can withdraw from SBP. You will have to pay premiums for two years. You may also still have to pay Reserve Component Survivor Benefit Plan costs if you elected spousal coverage during the gray area, but the basic coverage can be stopped. If you let it go beyond that one-year window, you will pay for 30 years or until death.

Depending on your respective ages and health, your spouse is probably correct that he doesn't need it. I hope this helps.

Shaft Notes
Congratulations to the U.S. Senate for its recent final historic step toward a modern and fair educational benefit for the men and women who have served honorably since Sept. 11, 2001.

As Sen. Jim Webb, Virginia Democrat, aptly stated, "Eighteen months ago, we began with the simple concept that those who have been serving since 9/11 should have the same opportunity for a first-class educational future as those who served during World War II. Now, we have accomplished that goal."

"We have delivered this new, robust GI Bill with a great deal of collaboration and cooperation among members of the Senate, members of the House, and with the guidance and support of all of our nation's leading veteransī groups. There are no politics here. This is about taking care of the people who have taken care of us.

"This bill properly responds to the needs of those who answered the call of duty to our country - those who moved toward the sound of the guns - often at great sacrifice."

VFW national commander George Lisicki, a Vietnam combat veteran from Carteret, N.J., called the bill "a tremendous victory for America's veterans, military and their families," adding: "We have Sen. Jim Webb of Virginia to thank for his rock-steady determination to get this bill passed."

At this special moment in time, it is essential that those eligible veterans and/or family members be protected from fly-by-night perpetrators of academic fraud. Eligible veterans should link to the Department of Veterans Affairs' Web site for information on accreditation and approval (http://www.gibill.va.gov/GI_Bill_Info/search_programs.htm)

I also recommend to our generous Congress that they cast a suspicious eye on our cash-laden, tax-exempt universities, who have a magic way of killing the goose that laid the golden egg. These institutions often burden students by raising tuition to cover their high-priced, no-show professors and their useless touchy-feely programs.

Send letters to Sgt. Shaft, c/o John Fales, P.O. Box 65900, Washington, D.C. 20035-5900; fax to 301-622-3330; call 202-257-5446 or email sgtshaft@bavf.org.

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