Justia Family Law Opinion Summaries

General Jeffrey Bannister enlisted in the Army in 1979 and was married to Patricia Erickson from 1980 to 1996. As part of their divorce proceedings, General Bannister agreed to elect Ms. Erickson as his Survivor Benefit Plan (SBP) annuity beneficiary. In 1998, General Bannister married Trese Bannister. In 2017, he requested voluntary retirement, effective May 31, 2018, and elected Mrs. Bannister as his SBP annuity beneficiary. However, General Bannister died on May 27, 2018, before his retirement. Both Ms. Erickson and Mrs. Bannister submitted claims for the SBP annuity, and the Defense Finance and Accounting Service (DFAS) awarded it to Ms. Erickson based on the 1996 separation agreement.Mrs. Bannister appealed to the Defense Office of Hearings and Appeals (DOHA) and the Army Board for Correction of Military Records (ABCMR), both of which upheld the decision to award the annuity to Ms. Erickson. Mrs. Bannister then appealed to the United States Court of Federal Claims, which denied her motion and granted the government's motion, concluding that 10 U.S.C. § 1448(d)(3) precluded Mrs. Bannister from receiving the annuity.The United States Court of Appeals for the Federal Circuit reviewed the case. The court held that 10 U.S.C. § 1448(d) governs the entitlement to General Bannister’s SBP annuity because he died on active duty before retirement. The court determined that Mrs. Bannister is the correct beneficiary under § 1448(d)(1), which defaults to the surviving spouse. The court found that the exception under § 1448(d)(3) for a former spouse did not apply because Ms. Erickson failed to submit a timely written request for a deemed election as required by § 1450(f)(3). Consequently, the court reversed the decision of the Court of Federal Claims and remanded for a determination of the annuity benefits due to Mrs. Bannister. View "BANNISTER v. US " on Justia Law