Question by MissAnthropic: Is there a minimum amount of “years married” to collect retirement benefits when my husband di?
This is pertaining to his retired Army benefits and his retired Social Security benefits.
Thanks.
We have a small child and I am just worried since he is a much older man if I will be able to support us on his benefits. Do they lower the amount that he is receiving now if he dies?
My son and I are listed on his SBP as 100% each, but we only did this last September???
Best answer:
Answer by bostonianinmo
You’ll only receive any of his military retirement benefits if he is participating in the Survivors Benefit Plan. If you were married to him when he retired, he could only opt out or choose less than full participation if you were notified in writing in advance. Without your certification in writing, full participation is automatic. If you married him after he retired he must apply for SBP and start paying the premiums, normally as a reduction from his military retirement benefits. He must participate for a minimum of one year before his death for any benefits to be payable. If he dies prior to the one year point any premiums paid would be refunded and paid to his estate or the beneficiary on his pay record at DFAS. Assuming that he fully participated in SBP you’d receive 55% of his retirement pay, adjusted annually for inflation.
Social Security Survivor’s Benefit is generally payable based upon his earnings record if he has one or more minor dependent children. This is paid until the youngest child reaches age 18 and graduates high school or age 19 if still in high school. Benefits would be reduced as each child attains age 18 and has graduated from high school or age 19 if still in high school. Benefits stop entirely once the youngest child turns 18 and graduates or turns 19 if still in high school. It could re-start based upon his earnings record once you turn at least age 62 unless you were entitled to higher retirement benefits based upon your own earnings record.
Edit: If he signed up for SPB in September, 2008 he must survive through the end of September of 2009 for you or your child to receive benefits. If he dies any sooner the premiums paid would be refunded and no benefits would be payable.
I’m assuming that you are the primary SBP beneficiary and your child is secondary since there cannot be 2 100% beneficiaries at the same time.
A few other thoughts are in order.
1. If you collect SBP and re-marry before age 55 your benefits will stop. They generally can be restarted if that marriage ends in death or divorce. If you re-marry at age 55 or later your benefits are not affected.
2. Your SBP benefits continue for life unless you re-marry as noted above. Your child’s benefit stops at age 21 or age 23 if a full-time student.
3. Previously SBP benefits used to be reduced to 35% when you became eligible for Social Security. This is no longer the case if he elected full SBP participation.
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