Determining how military benefits should be awarded to spouses and former spouses after the death of a servicemember is complex and based on a variety of factors, including the date and manner of the servicemember’s death and which military benefit is in question.
In the case of Bannister v. US, General Jeffrey Bannister’s ex-wife and new wife were in disagreement as to who should receive his Survivor Benefit Plan annuity after his death. After going through multiple appeals and a review by the US Court of Appeals, the benefits were awarded to General Bannister’s new wife.
Bannister v. US
General Bannister married Patricia Erickson in 1980 while he was enlisted in the US Army. They divorced after 16 years of marriage, at which point they entered a separation agreement in which General Bannister agreed to elect Ms. Erickson as the beneficiary of his Survivor Benefit Plan annuity. Two years later, he married Trese Bannister. Nine years after that, he requested a voluntary retirement, electing his new wife as his annuity beneficiary. However, before he could enter retirement, General Bannister died. Ms. Erickson and Mrs. Bannister submitted claims for the annuity benefit, and the Defense Finance and Accounting Service (DFAS) awarded the benefit to Ms. Erickson pursuant to the separation agreement from the previous divorce.
First Wife Appeals
Mrs. Bannister appealed to the Defense Office of Hearings and Appeals and to the Army Board for Correction of Military Records. Both authorities upheld DFAS’s decision. She then appealed to the US Court of Federal Claims, which denied her motion and determined that federal law prevented her from receiving the annuity. The US Court of Appeals reversed the decision after finding that, because General Bannister died while on active duty, Mrs. Bannister was entitled to the annuity.
Governing Law
U.S.C. § 1448(d)(1)(A)(i) is the governing law in this case because it applies in situations when servicemembers die on active duty after becoming eligible for retired pay, which is exactly what occurred in this case. Under this law, the surviving spouse is entitled to the annuity benefits. There is an exception that allows a former spouse to receive the annuity if a court order or spousal agreement requires it. However, the US Court of Appeals ruled that, in order to qualify for this exception, the former spouse must submit a timely written request. Ms. Erickson failed to submit the necessary request.
The Court reversed the decision and remanded the case to the Court of Federal Claims so a determination could be made regarding Mrs. Bannister’s annuity benefits. Contact an experienced family law attorney for help with a dispute over benefits.