KEYWORDS: SBP Annuity, Survivor Benefits

DIGEST: When a member retired, he elected Survivor Benefit Plan (SBP) coverage for his spouse and child.  They later divorced, and the member remarried.  Under the law, his new spouse became his SBP beneficiary one year after their marriage.  SBP premiums for spouse coverage should have been deducted from the member’s retired pay, but they were not.  If the member had died during the period premiums were not being deducted, his spouse would have become eligible for an SBP annuity.  Since the member received the benefit of the SBP coverage, waiver is not appropriate

CASE NO: 2018-WV-082103.2

DATE: 05/28/19