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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26513
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My husband has retired from the Navy after 20 years and believes

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My husband has retired from the Navy after 20 years and believes that he agreed to take a lesser retirement pay and have it last through the extent of my life. He will be 60 in a few months. Now we have paperwork to fill out and one of the questions is whether he wants to enroll in the RCSBP. Is this enrollment necessary to extend his retirement payments beyond his death if he is already 60 years old? He does not believe he needs to enroll for this to happen. If he does not enroll, and turns 60, do his retirement payments continue to come to me if he dies before me?
Submitted: 1 year ago.
Category: Military Law
Expert:  Fran-mod replied 1 year ago.

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Customer: replied 1 year ago.

I still need a response before 7/15. Here is a condensed version of the question: If a retiree has 20 years of service, turns 60 and begins to collect his retirement pay, then dies sometime after age 60, can a spouse collect the retiree's pay without enrolling in the RCSBP?

Expert:  Wendy-Mod replied 1 year ago.
Hello,

Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Expert:  P. Simmons replied 1 year ago.
Thanks for the chance to help. I am an attorney with over 12 years military law experience.

Ma'am I am sorry for the delay on this. Let me address your questions in order

Is this enrollment necessary to extend his retirement payments beyond his death if he is already 60 years old?

YES. By law, retired pay ends on the death of the service member. Period. There is no waiver provision.

SBP and RCSBP are both insurance programs that allow the service member to designate a beneficiary and specify an amount of money to be paid to the beneficiary that is tied to the member's retirement salary. They can protect up to 55% of their pension...or, in other words, they have an insurance benefit of up to 55% of their retired pension amount. If they die before the beneficiary, SBP and RCSBP will pay the beneficiary the contracted amount for the remainder of the life of the beneficiary



He does not believe he needs to enroll for this to happen. If he does not enroll, and turns 60, do his retirement payments continue to come to me if he dies before me?


No. As I explain above, military retired pay ends on the death of the member. Period. There is no way to prevent this. So Congress set up SBP and RCSBP to provide a way for a member to ensure a stream of income to their dependent.

But if you do not elect and pay for it? You do not get the benefit


P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 26513
Experience: Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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