Military life is not always the most stable for Massachusetts families. Those who are in the military or grew up in a military family can attest to that. But now, more adoption agencies and child welfare groups are recognizing that military families are just as capable of providing a loving and welcoming home for children as any other family. Though being in the military does pose unique circumstances, it also means that you may be able to receive certain benefits when adopting a child that are not available to anyone who is not in the armed forces.
On December 15, 2014, Congress passed the Disabled Military Child Protection Act. This legislation grants military members the authority to name a "payback" special needs trust as a beneficiary of Survivor Benefit Plans (SBP).
Upon death, the service member's right to receive retirement pay terminates. The Survivor Benefit Plan (SBP) is an annuity program that allows retired or retirement-eligible active duty service members to provide continued income to specified beneficiaries at the time of the participant's death.
Military retirement benefits are not handled in the same manner as private pension plans, which are governed by ERISA (Employee Retirement Income Security Act). Dividing military benefits as part of a divorce case is not easy.