DoD 7000.14-R, Volume 7B, Chapter 35

DoD Financial Management Regulation

Volume 7B, Chapter 35
+ September 1999

CHAPTER 35
RETIRED SERVICEMAN’S FAMILY PROTECTION PLAN –
BENEFICIARIES
3501

ELIGIBLE BENEFICIARIES
Eligible beneficiaries for RSFPP annuities are:

350101.
Spouse of the member on the date the member is retired or becomes entitled
to retired pay, or, if the member was already retired or entitled to retired pay on November 1, 1953,
the spouse on that date.
350102.
A.

Children of the member who:
Are unmarried and under 18 years of age.

B.
Are more than 18 years of age, unmarried, and incapable of self-support
because of being mentally defective or physically incapacitated, if that condition existed before
they reached age 18.
C.
Are at least 18 but under 23 years of age, and pursuing a full-time course of
study or training (applies only to children of members who retired on or after November 1, 1968).
This study may be in a high school, trade school, technical or vocational institute, junior college,
college, university, or comparable recognized educational institution (a child is considered to be
pursuing a full-time course of study or training during an interval between school years that does
not exceed 150 days if the child demonstrated to the satisfaction of the Secretary of the Military
Department concerned (or designee) that the child has a bona fide intention of resuming or
continuing to pursue a full-time course of study or training in a recognized educational institution
immediately after the interval). For the purpose of this subsection, a child who is at least 18 but
less than 23 years of age, and is not pursuing a course of study or training, is considered an eligible
beneficiary unless the member applies to the Secretary concerned to have such child considered not
to be an eligible beneficiary.
D.
Are legitimate or adopted children of the member, or step-children
dependent upon the member for their support.
E.
Are living on the date when the member is retired or becomes entitled to
retired pay or, if the member was already retired or entitled to retired pay on November 1, 1953,
living on that date.
F.
Have been adopted by a third person before the parent-member’s death. A
child loses his or her eligibility for an annuity under the plan under this condition. However, the
eligibility is not affected if the child is adopted by a third person after the parent-member’s death.

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DoD Financial Management Regulation
3502

Volume 7B, Chapter 35
+ September 1999

DESIGNATING BENEFICIARIES

350201.
When submitting an election, the member must furnish the birth dates of the
named beneficiaries as applicable to the option(s) elected to provide information for computing
annuity costs.
350202.
A member without dependents may designate beneficiaries when making an
election; however, the designation is not effective unless he or she has eligible dependents at
retirement.
350203.
A member may have a different lawful spouse at the time of retirement from
the lawful spouse at the time of election. The lawful spouse at the time of retirement is the spouse
eligible for an annuity. Divorce of the member after retirement removes the former spouse as a
prospective annuitant.
Example: The member’s records were corrected in December 1955 to show retirement in
1952. The member divorced on November 4, 1955 and remarried November 12, 1955. Thus, the
former spouse ceases to be an eligible annuitance. In addition, since the second spouse was not the
spouse on November 1, 1953, she or he also is not an eligible beneficiary.
3503 SUBSTANTIATING EVIDENCE REGARDING DEPENDENCY AND AGE OF
DEPENDENT
The age of the beneficiaries and/or dependents must be substantiated by birth certificates or
other competent evidence. When conflicting statements on birth dates exist, the ones made in
earlier life have less margin for error than those made in later years. Give earlier records more
probative value in determining RSFPP costs.
350301.
Proof of Spouse’s and Children’s Dates of Birth. Acceptable evidence may
include one copy of any of the listed items in the sequence shown:
A.

Copy of birth certificate (primary evidence)

B.

Baptismal or other church records

C.

Hospital record of birth

D.

Sworn statement of attending doctor or midwife

E.

Certified abstract or photostat of baby book or family bible

F.
Affidavits from two persons knowing date of birth (Affiants’ ages,
relationship, and basis for stated facts must be given)
G.

Affidavit from either parent or member

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DoD Financial Management Regulation
H.

Passport

I.

School records

Volume 7B, Chapter 35
+ September 1999

J.
Census Report (Note: The Bureau of Census will furnish this information
upon request of the widow or widower. This costs a minimum of $4.00 and takes about 4 to 6
weeks to obtain. Address request to:
US Department of Commerce
Bureau of the Census
Personal Census Service Branch
Pittsburg, KS 66762
K.
Information obtained from the Immigration and Naturalization Service may
be acceptable as primary evidence for establishing a date of birth.
350302.
A.

Proof of Parentage
Adopted Children. Member must furnish certified copy of the decree of

adoption.
B.
Stepchild. A statement, signed by the member, stating that the stepchild is
"in fact" dependent upon the member for more than half of his or her support will suffice. This
statement need not be attested to or notarized.
350303.
Child Incapable of Self-Support. The member must submit a certificate by
the attending physician or an appropriate official of a hospital or institution for a child 18 years of
age or over and unmarried who is incapable of self-support because of mental defect or physical
incapacity. This certificate must state the basis for the physician’s or the hospital’s or institution
official’s conclusion. Further, a physician or appropriate official of a hospital or institution must
certify that such condition existed before the child’s 18th birthday. This certificate will be required
at least once every 2 years after the annuity becomes payable, except in a case where medical
prognosis indicates that recovery is impossible.
3504

EVIDENCE OF MARRIAGE

Evidence of the legality of a marriage is required only when there are apparent
discrepancies regarding previous marriages. In such cases, marriage certificates and/or evidence of
dissolution of previous marriages are required.

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DoD Financial Management Regulation
3505

Volume 7B, Chapter 35
+ September 1999

COMMON-LAW MARRIAGES

A common-law marriage has the same recognition as a ceremonial statutory marriage when
the parties live in a state where the marriage is recognized. The status of common-law marriages
can be changed by the state legislature or by court decisions. Refer all cases involving common­
law marriage to the responsible DFAS Center legal office.

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