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Chapter 25

Form 25-34

Letter to Uniformed Service—Request for Former Spouse Survivor Benefit Plan Beneficiary Designation

[Date]

CERTIFIED MAIL, RETURN RECEIPT REQUESTED

Defense Finance and Accounting Service

8899 E. 56th Street

Indianapolis, Indiana 46249-1200

Re:   [Full name of servicemember]
Social Security number: [full number]
Survivor Benefit Plan Deemed Election of Former Spouse Coverage

[Salutation]

I represent [name of former spouse], the former spouse of United States [branch of ser­vice] [retiree/member] [name of servicemember]. In accordance with the terms of the Uni­formed Services Former Spouses’ Protection Act, 10 U.S.C. section 1447 et seq., as amended, I enclose a certified copy of the [Final Decree of Divorce/Military Retirement Pension Divi­sion Order/Final Decree of Divorce and Military Retirement Pension Division Order] entered in Cause No. [number], styled “[style of case],” [signed on [date]/orally rendered on [date] and ministerially signed on [date]].

Select one of the following.

If there is a voluntary election to name the former spouse as a former spouse SBP beneficiary, use the following paragraph.

In accordance with the provisions of the Armed Forces Survivor Benefit Plan (10 U.S.C. section 1448(b)), [name of servicemember] has completed and signed the enclosed DD Form 2656-1, thereby making a voluntary election to name [full name of former spouse], [his/her] former spouse, as a former spouse beneficiary of [his/her] Survivor Benefit Plan incident to their proceeding for divorce. The voluntary election was [approved by/incorporated into and made a part of/approved by and incorporated into and made a part of] the Final Decree of Divorce.

If the deemed election to name the former spouse as a former spouse SBP beneficiary is ordered deemed by the court, use the following paragraph.

In accordance with the provisions of the Armed Forces Survivor Benefit Plan (10 U.S.C. section 1448(b)), [name of servicemember] has been ordered by the Court to name [full name of former spouse], [his/her] former spouse, as a former spouse beneficiary of [his/her] Survivor Benefit Plan incident to their proceeding for divorce. To effect this designation, [full name of former spouse] has completed and signed the enclosed DD Form 2656-10. A certified copy of the [Final Decree of Divorce/Military Retirement Pension Division Order] ordering that [full name of former spouse] be designated as a former spouse beneficiary of [name of servicemember]’s Survivor Benefit Plan is enclosed.

Continue with the following.

This letter is my formal written request that [full name of former spouse], as [name of servicemember]’s former spouse, as [include one or both of the following: ordered by the Court/ [and also] agreed to by [name of servicemember]], be deemed designated as the former spouse beneficiary of [name of servicemember]’s Survivor Benefit Plan. This request is being mailed to you within one year of the date of the [Final Decree of Divorce/Military Retirement Pension Division Order addressing the SBP benefit].

The court entering this [Final Decree of Divorce/Military Retirement Pension Division Order [or other relevant order]/Final Decree of Divorce and Military Retirement Pension Division Order [or other relevant order]] was a court of competent jurisdiction to hear divorce matters and divide property, and the [decree was/order was/decree and order were] entered in accordance with the laws of Texas.

I would appreciate your prompt acknowledgment of receipt of this letter and the enclosed documents. If further information is required, please let me know and I will promptly furnish it to you. I look forward to hearing from you in the very near future.

Sincerely yours,

   
[Name of attorney]

Enc.

c: [name of former spouse]

 

 

 

 

 

 

 

 

 

 

Forms 25-35 through 25-40 are reserved.