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Allen M., Esq.
Allen M., Esq., Lawyer
Category: Military Law
Satisfied Customers: 18902
Experience:  Lawyer and current JAG officer.
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Years ago I opted to have surviver benifits deducted from my

Customer Question

Years ago I opted to have surviver benifits deducted from my pay. I retired on December 31, 1996. My wife passed away on February 4, 2014.because she preceded me, am I still paying for surviver benifits? Do I qualify for any back pay? Do I have to do anything else ?
Submitted: 1 year ago.
Category: Military Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You need to contact DFAS, let them know that your wife passed and send them a copy of the death certificate. In that way, you can have any further premiums taken from your account and have any premiums that you have paid during months when she was deceased refunded.

However, you would not get the entire amount you've ever paid back. it's a bit like insurance in that regard and for every month that she was alive, there was an eligible beneficiary and so payment was due and owing.

Again, you'll only be refunded for the time frame that you paid and she was deceased. You'll have any further payments suspended.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 1 year ago.

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Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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