Login|Contact Us
Question and Answer

Military Law

Ask a Military Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

Hello, My husband retired from active duty in the Army after

 
psimmons's Avatar
  • Answered by:psimmons
  • Military Lawyer
  • Positive Feedback: 97.9 %
  • Accepted Answers: 10178
Verified Expert
in Military Law

Recent Feedback

Positive
Very substantive response and gave direction on the next step.
Positive
nice to work with--expresses really bad news in a gentle way
Positive
I am very pleased with the speed I received this info back. The answer is easy...
Positive
fast asnwers--very professional--nice to work with
Positive
Rapid and accurate responses - very helpful and knowledgeable! Saved me quite a...
Positive
This is helpful! Thank you.
Positive
Thank you again for your advice, Valerie
Positive
I was pleased with the service. Sorry you have to deal with an idiot like me....
Positive
Type your review here...
Positive
Type your review here...

Customer Question

Hello,
My husband retired from active duty in the Army after 14 years, then worked with the Army ROTC programs in the university setting, then went back on active duty for the year of 2010. He is now retired with the total balance of 20 years active duty. He is currently 55 and is eligible to receive his Retirement at age 60. (He did send in the paperwork to elect SBP coverage for me.)
My question is this: If something happens to my husband and he dies before he even starts receiving his retirement pension, am I going to be able to start receiving the elected SBP, or will I have to wait until the year that he would have turned 60, or because he never would have received it, and paid no payments towards it, will I still get it?

Thanks, Janet

 

Optional Information:
State/Country relating to question: North Carolina

Already Tried:
We currently have power of Attorney, and a health directive, and sent in the election for the SBP when my husband turns 60. I don't know if there is anything else we need to do to make sure if something happens to him before he starts collecting his retirement, that I will still be able to get the SBP without any problems.

Submitted: 246 days and 21 hours ago.
Category: Military Law
Value: $59
Status: CLOSED

Accepted Answer

Picture
Expert:  psimmons replied 246 days and 21 hours ago.

Thanks for the chance to help. I am an attorney with over 12 years military law experience.

You would receive your portion of SBP (up to 55% of his pension) at the time he is eligible to receive it (at his 60th birthday)

SO long as he has elected SBP, you will benefit when he passes if he passes prior to you

Expert TypeMilitary Lawyer
Category: Military Law
Pos. Feedback: 97.9 %
Accepts: 10178
Answered: 8/8/2012

Experience: Retired Marine Corps Lawyer, Veterans Services Officer (VSO)

Ask this Expert a Question >
Customer replied 246 days and 20 hours ago.

Thank you. XXX X know.

 
Tweet

Military Lawyers are Online Right Now

Ask Your Question Now
Military Law Questions Date Submitted
okay here is the deal I have custody in illlinois of my daughter. 3/26/2013
NA-100 3/25/2013
Permission to get married 3/24/2013
Sir, my wife and I have an MPO that is not wanted by either 3/22/2013
Good morning, Last year I receive helpful information from 3/20/2013
Hello my husband and I are both in the marine corps. He is 3/20/2013
A tenant in New Jersey whose husband is in the Army (mos-31B) 3/20/2013
i was discharged from the military in 2004, and was errorounously 3/19/2013
BAH Fraud; Adultery 3/18/2013
Situation: I'm currently appealing an adverse NCOER which 3/17/2013
RSS
Next 10 >
Ask A Military Lawyer
Type Your Military Law Question Here...
characters left:

Top Military Law Experts

See More Military Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Military Law

  • UCMJ Article 32 Questions
  • Military Promotion Questions
  • Military Retirement Laws
  • Military Survivor Benefit Plan
  • Adultery in the Military
  • Army Recruiter Questions
  • Medical Discharge Regulations
  • Army Discharge Regulations
  • General Court Martial Questions
  • Absent Without Leave (AWOL) Regulations
All Military Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Military Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
215 Military Lawyers are Online Now
Type Your Military Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC