Why will my mom not be able to keep my dad's military pension after his death?

Question

My parents have been married 60 years. She was there through all of his service career. Why will they stop his pension?

Answer 1

He would have had to of bought into the Survivor Benefit Plan.

Many retiree's opt not to purchase the plan, without it, a widowed spouse of the retiree gets nothing.

I bought into SBP when I retired in 2005. At that time, the SBP brief was the only briefing my spouse was required to attend since the spouse had to co-sign the refusal/acceptance form.

Here's the facts...
http://www.military.com/benefits/survivor-benefits/survivor-benefit-plan-explained

Answer 2

A military retirement pension is not "property" as such and belongs to the retiree only. Some years ago they set up a Survivors Benefit Program which allowed the pension to be reduced and set u a separate account to pay the spouse out of if the event of the retiree's death but that a voluntary program and if your father didn't participate then she would not be covered under it. The spouse has to sign the papers also if it is refused so your mother should know about this. Many retirees do not take it because of the reduction in the monthly pay while the retiree is collecting, I do not participate i it for that reason and yes my wife knows. I think the last I saw it is a little less then half do take it. Your mother should check with the Veteran's Administration to see if she can collect some from there and make sure she talks to the Social Security Administration and she should get addtional funds from them.

Answer 3

His pension ends with the day of his death. But, his surviving widow will get an amount up to 55% of his retired pay, provided he participated in the Survivor Benefit Program after his retirement and made the monthly premium out of his retired pay. Assuming he did, when he reaches age 70 and has paid 30 years of premium, he no longer faces that deduction from his retired pay. He may have retired in the days of the old Retired Serviceman's Family Protection Plan (RSFPP). That plan did not require the written consent of the spouse if the service member did not want to participate. Under the Survivor Benefit Program that written permission must be obtained in order to avoid participating.
If he did not participate in the Survivor Benefit Program, there is nothing that the Defense Department can do about it. In such a case he is at fault for not providing for her. I have paid my premium for over 25 years and will continue to do so. I don't want to leave my widow without some form of support.

Answer 4

First of all, I suggest that you contact your local department of Veteran's Affairs and make sure that YOU are getting the benefits that you may be entitled to due to your father's service. There are certain benefits that you may be able to get for going to school, for example.

It may be that once your mom is eligible for Social Security, perhaps this ends eligibility for the VA pension. In addition, instead of the pension, your mom may simply qualify for a different kind of benefit, such as a survivor's benefit.

However, I cannot give you an exact answer. I suggest that you get more information from official sources to understand this complex issue. No one can give you advice without knowing all of the facts of your situation as well as the particular laws that apply to your situation.

Here is an article called "How to Find Legal Help When You Can't Afford It" and it lists legal resources, including free legal assistance for military servicemembers and their families.

http://www.courtreference.com/court-reference-blog/2007/12/19/how-to-find-legal-help-when-you-cant-afford-it/

Answer 5

Your dad had the option when he retired of taking a "regular retirment" or " a retirment with survivors benefits"

If you mom will get no more pension when your dad dies it is because your father took option A. ( no Survivers bennifits)

With no survivors benefits you get more money each month than if he would have choice to get survives benefits.

Answer 6

Are you talking about a military pension? She should keep at least part of it, she will also be able to use all the base benefits as well. Unless she remarries in which she would forfeit them.

Answer 7

you need to go to the office of dwp and ask them why, i do not see why not, my nana claimed my grandads when he died. Go complain about it