Readers of Tom Philpott’s Military Update column sound off.

Ex-Spouse Survivor Benefit Elections Need to be Filed

I was married 31 years to an Air Force serviceman I dearly loved. We moved to several states and to Germany during his career and I put my teaching career on hold.

While in service he sustained an injury that gave him a great deal of pain which he handled with alcohol and cigarettes. He went into rehab for a brief time to overcome his addictions but it wasn't successful. He ended up with cancer of the throat and had a laryngectomy. During his recovery he met a retired Army nurse online and within eight months asked for a divorce.

I was awarded 43 percent of his retirement. I received one payment of a little over $400 before he forfeited his retired pay, including my share, to receive veterans’ disability compensation. I did not receive any more compensation.

My ex-husband died last April, seven years after our divorce. The divorce decree had stated that I was to receive military survivor benefits but his lawyer failed to have him sign and file the necessary form. It had to be filed within a year of our divorce. His second spouse now has a new house, furniture, car and all his insurance. I have zilch! It is too late for me to get back into teaching at age 60.

My point is, that retirement was ours not just his. I also want to alert other former spouses that they need to be sure that the survivor benefit election form has been sent to proper military authorities. Don’t just assume that it has. This is a very costly mistake to make.

I am not sure I am up to filing a malpractice lawsuit. Even if I was, I am not sure I could pay for it!

CAROLYN KIRBY
Via e-mail

PRIME REFERRALS

Under TRICARE Prime, I am to go to the base clinic for any medical problems. In the three years I’ve been enrolled, I have only seen nurse practitioners and physician assistants. Those times I’ve been referred to civilian doctors have been horrible experiences. Most doctors who agree to take TRICARE patients are either sub-standard or don’t understand the rules. To avoid problems with payment, patients need to call TRICARE to make sure every little procedure has been approved.

My suggestion is to either hire qualified people to run base medical clinics or close those clinics and let patients go to an approved PPO, preferred provider option.

V.SHAW
Via e-mail

BEHIND RAISING FEES

I understand the money problems that TRICARE faces. We face it every day in the civilian sector with increasing prices. But TRICARE should take into account that many military retirees were told that if they served 20 or more years they would have medical and dental care for life.

We pay a small amount for TRICARE coverage compared to other health plans but we were told, as retirees, that we would never have to pay.

I do not mind paying $12 more per month if benefits improve. As it is, TRICARE is secondary coverage for me. The only medical benefit I receive is reimbursement for medications not covered by my primary insurance.

Promises were made to retirees. Not made were adequate plans to cover the cost of retiree healthcare.

DALE L. RININGER
Chief Hospital Corpsman, USN-Ret.
Via e-mail

Since our politicians seem to feel the need to increase our TRICARE for Life fees, they can solve the problem: Give us the same medical coverage they have.

On the other hand, as we become a Third World country, I guess we retirees are lucky the rich guys dribble out what little they do!

FRED C.
Senior Master Sergeant, USAF-Ret.
North Carolina

Members of Congress enroll in the Federal Health Benefits Program, the same menu of health insurance options offered to federal civilian employees. They pay monthly premiums equal to roughly 28 percent of the cost of care. So if you wanted the same health care as lawmakers, your out-of-pockets costs would rise well above what you pay TRICARE for LIFE. FEHBP premiums also are higher than what younger retirees pay under TRICARE Prime or Standard. – Tom Philpott

I have been married to my husband, a retired Army master sergeant, since October 1989. He retired in June 1991. We have been separated since
April of 2005 with no plans of reunifying.

His lawyer presented to me a $200 per month settlement, no medical, no retirement benefits. I gave it back, telling him what he could do with it.

After 17 years, am I legally entitled to any of his Army retirement? If we were to remain married until our “20th,” would I then be entitled?

EVELYN A.
Via e-mail

The Uniformed Services Former Spouses' Protection does not mandate automatic division of retired pay in divorce settlements, nor does it require use of a specific formula for dividing retired pay.  Instead, it grants state courts the discretion to consider retired pay, with other marital assets, in making a property division.

For a former spouse to receive a share of retirement directly from a service through the Defense Finance and Accounting Service, the USFSPA says the marriage must have lasted at least 10 years while the member was in service. This 10-year rule is not limiting for court orders dealing with payment of alimony or child support.

Where 20-year service marriages are significant is in establishing eligibility for military benefits. As a general rule, only ex-spouses from marriages that last at least 20 years -- while the member is in service, qualify for medical care and base shopping privileges after divorce. Those benefits end upon remarriage.

When marriages of 20 years have an in-service overlap of only 15 years, temporary medical benefits are available. – Tom Philpott

Letters may be edited for clarity or length.  Write to Military Forum, P.O. Box 231111, Centreville, VA  20120-1111, send e-mail to militaryforum@aol.com or visit www.militaryupdate.com

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