Elizabeth R. Haviland-Survivor Benefit Plan-Former Spouse

B-270502 May 24, 1996 Jump To VIEW DECISION RELATED PAGES GAO CONTACTS Highlights Indicating that it was made pursuant to court order. If appropriate correction is made. DECISION This decision is in response to Mrs. Haviland's claim was denied because the SBP election Colonel Haviland submitted on her behalf lacked Mrs. It is our view that the Air Force should review the entire record in the case. BACKGROUND Elizabeth and George Haviland were married in 1945. They were divorced in Monterey. Elizabeth was to receive one half of the community amount of Colonel Haviland's Air Force retired pay. She was to continue to be maintained as the beneficiary under the SBP for which they agreed to jointly bear the cost. [2] This property settlement agreement was incorporated into the divorce decree. View Decision Matter of: Elizabeth R. Haviland-Survivor Benefit Plan-Former Spouse Annuity File: B-270502 Date: May 24, 1996 In a property settlement incorporated into a divorce decree, a retired Air Force member agreed to maintain his former wife as beneficiary under the Survivor Benefit Plan (SBP). He filed a former-spouse SBP election with the Air Force, indicating that it was made pursuant to court order, but the election did not include the required signature of the former spouse. The Air Force accepted the election without notifying the member or former spouse of the discrepancy in the election. The member remarried and later wrote to the Air Force requesting that his new wife be provided coverage under the SBP. Although an election made pursuant to court order may not be changed or revoked without an authorizing court order, the Air Force, without requesting clarification, established coverage for the second wife to whom it awarded the annuity upon the member's death. In view of apparent administrative error, the Air Force should consider the matter for correction pursuant to 10 U.S.C. Sec. 1454. If appropriate correction is made, payment to the former spouse may be made. DECISION This decision is in response to Mrs. Elizabeth R. Haviland's appeal of our Claims Group's denial of her claim for a Survivor Benefit Plan (SBP) annuity based on the service of her former husband, Colonel George P. Haviland, USAF (Retired) (Deceased). [1] Mrs. Haviland's claim was denied because the SBP election Colonel Haviland submitted on her behalf lacked Mrs. Haviland's signature. As explained below, it is our view that the Air Force should review the entire record in the case, including information submitted with Mrs. Haviland's appeal, to determine whether the invalid election resulted from administrative error. If the Air Force finds that the invalidity resulted from administrative error, it may make the appropriate correction to validate the election pursuant to authority provided by 10 U.S.C. Sec. 1454. BACKGROUND Elizabeth and George Haviland were married in 1945. Colonel Haviland retired from the Air Force in 1973 and elected SBP coverage for Elizabeth as his spouse. They were divorced in Monterey, California, on January 2, 1988. As a part of the property settlement agreement they executed in October 1987 in anticipation of the divorce, Elizabeth was to receive one half of the community amount of Colonel Haviland's Air Force retired pay, and she was to continue to be maintained as the beneficiary under the SBP for which they agreed to jointly bear the cost. [2] This property settlement agreement was incorporated into the divorce decree. On January 16, 1988, Colonel Haviland married Marsue Haviland. In December 1988, Colonel Haviland submitted the appropriate form to the Air Force Finance and Accounting Center to elect former spouse coverage for Elizabeth under the SBP. This was necessary to carry out the requirement of the property settlement agreement since Elizabeth no longer qualified for SBP spouse coverage. On the form Colonel Haviland submitted, he completed the provisions applicable to him, listed Elizabeth as his former spouse, and checked the block indicating that the election was being made pursuant to a court order. However, the space provided for the former spouse's signature was left blank. The form was accepted by the Air Force and retained on file, apparently without any official notification to either Colonel Haviland or Elizabeth that the required signature of the former spouse had not been provided. In May 1989, Colonel Haviland wrote to the finance center to elect SBP coverage for his current spouse, Marsue. In doing so, he noted that he had enrolled in the SBP for his former spouse when he retired in 1973, that he was later divorced from her and that he was remarried in January 1988 to Marsue.