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. |