MILITARY RETIREMENT SYSTEM DIRECTIONS FOR COMPLETING THE FORM Sections 1 and 2 This information can be found in the caption (top part of the first page) of the Property Settlement Agreement or Divorce Decree. Section 3 Participant (Military Member) This is the Military Member. Section 4 Alternate Payee (Former Spouse) This is the individual who is being awarded a portion of the Military Retirement Benefits. Section 5 Date of Marriage Section 6 Divorce Date - This is the date the divorce was effective. If the divorce has not been finalized, leave this section blank. Section 7 Date Marriage Ended - This is the cut-off date for marital property rights relative to the pension. It is usually dictated by case law. This information may be found in the Property (Marital) Settlement Agreement or Divorce Decree. Section 8 Plan Name - Military Retirement System It can be helpful to include the appropriate branch of the military. Date Participant Joined the Plan - This is the date the military member began performing military service creditable towards his/her retirement. This date must be completed. Retirement Date - If the member is retired, this date must be completed. If the member has not retired, leave this section blank. Were the Plaintiff and Defendant married for at least 10 years of the Participant's service in the military? In order to be able to effectuate direct payment from the Military Retirement System to the Former Spouse, the parties must have been married for 10 years while the Member was earning points towards retirement. In order for a Former Spouse to receive payments directly from the Military Retirement System, the Member and Former Spouse must have been married for 10 years during which the member was performing military service creditable towards his/her retirement. In other words, if the marriage did not last for 10 years which coincide with 10 years of military service on the part of the Member, the Military Retirement System will not honor an order awarding benefits to the Former Spouse. If the Member and Former Spouse were not married for 10 years during which the Member was performing creditable service towards retirement, it may be possible to structure the Order as an award of spousal support. Section 9 Percent or Dollar Amount of Military Member's benefits to be paid directly to the Former Spouse? It is possible to award a percentage of the Participant's benefits (i.e. 50% of the portion of the benefit accumulated during the marriage) or a specific dollar amount each month (i.e. $750.00 per month). This information can be found in the Property (Marital) Settlement Agreement or Divorce Decree. This amount cannot be expressed as a lump sum. If a percent is chosen, how will the Marital Property Component be determined? Option #1 (ONLY APPLICABLE FOR FULL-TIME PERSONNEL) - This pertains to the number of months of service during the marriage as compared to the total number of months the Member is in the military at the time of retirement. Option #2 (ONLY APPLICABLE FOR RESERVE PERSONNEL) - This pertains to the number of points accumulated during the marriage as compared to the total number of points the Member accumulates at the time of retirement. This method should only be used when the Member is in the Reserves and/or National Guard. In order to determine the appropriate number of points accumulated, a Retirement Points History must be submitted with the checklist. Section 10 Should the Former Spouse receive a pro-rata share of any Cost-of-Living Adjustment? Cost-of-living adjustments are small incremental increases which keep a retiree in line with inflation. These are increases in retirement benefits after retirement, and should not be confused with cost-of-living increases in salary received while in the service. The amount of the cost-of-living adjustment granted in the Military Retirement System depends on the Member's date of enlistment. In some states case law has established that if a spouse is awarded a portion of the Member's pension, and that pension is subject to cost-of-living increases, then the Former Spouse is also awarded a portion of such cost-of-living increases. However, in many cases this issue is not dictated by case law and should be decided by the parties during their settlement. Section 11 When will Former Spouse's benefits start? There is only one option available for commencement date of benefits to the Former Spouse. Benefits can only be paid to the Former Spouse when the Member actually retires and begins receiving benefits. Section 12 Length of time benefits will be paid by the Plan to the Alternate Payee. Benefits can only be paid to the Former Spouse for the lifetime of the Member. Section 13 Should the Former Spouse be entitled to a Former Spouse Survivor Benefit Plan (SBP) Annuity? The Survivor Benefit Plan Annuity is paid after the Member's death to the individual designated as the beneficiary for the Plan. A member may only have one beneficiary for this survivor benefit plan annuity. It is important to remember, in order to maintain eligibility for the survivor benefit plan, the Former Spouse must not remarry prior to reaching age 55. If the Former Spouse remarries prior reaching age 55, such Former Spouse may still be entitled to receive a portion of the Member's retirement benefit, however, eligibility for the survivor benefit will be forfeited. The cost associated with providing this survivor benefit plan annuity is deducted from the Member's gross retirement benefit before calculating the Former Spouse portion of the benefits. Therefore, in a sense, both parties pay the cost for providing this benefit to the Former Spouse. If it is the intention of the parties that the Former Spouse or Member bear the entire cost for providing this benefit, it is necessary to adjust the percentage awarded to the Former Spouse to reflect responsibility for this cost. Return to Request Forms

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