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###### Department of Defense

###### Office of the Secretary

          - [Docket ID DOD-2012-OS-0022]

# AGENCY:

Office of the Under Secretary of Defense (Personnel and Readiness), Department of Defense (DoD).

# ACTION:

Notice.

# SUMMARY:

                        In compliance with Section 3506(c)(2)(A) of the                         *Paperwork Reduction Act of 1995,*                         the Office of the Under Secretary of Defense (Personnel and Readiness) announces the following proposed public information collection and seeks public comment on the provisions thereof. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information has practical utility; (b) the accuracy of the agency's estimate of burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.                    

# DATES:

Consideration will be given to all comments received by April 23, 2012.

# ADDRESSES:

You may submit comments, identified by docket number and title, by any of the following methods:
      -  Federal eRulemaking Portal: http://www.regulations.gov . Follow the instructions for submitting comments.                    
      -  Mail:                          Federal Docket Management System Office, 4800 Mark Center Drive, East Tower, 2nd floor, Suite 02G09, Alexandria, VA 22350-3100.                    

*Instructions:*                         All submissions received must include the agency name, docket number and title for this                         **Federal Register**                         document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at                         *http://www.regulations.gov*                         as they are received without change, including any personal identifiers or contact information.                    

# FOR FURTHER INFORMATION CONTACT:

To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to the Office of the Under Secretary of Defense (Personnel and Readiness) (MPP) (Compensation), ATTN: Mr. Gary McGee, 4000 Defense Pentagon, Washington, DC 20301-4000 or call (703) 693-1059.

*Title, Associated Form, and OMB Control Number:*                         Survivor Benefit Plan (SBP)/Reserve Component (RC) SBP Request for Deemed Election; DD Form 2656-10, OMB Number 0704-0448.                    

*Needs and Uses:*                         This information collection requirement is necessary to properly identify and establish the eligibility of a former spouse for an SBP election to be deemed on behalf of a retired military member. A former spouse must file for a deemed election within one year from the date of a court order or filing of a written agreement specifying former spouse or former spouse and child SBP coverage.                    

*Affected Public:*                         Individuals or households.                    

*Annual Burden Hours:*                         500.                    

*Number of Respondents:*                         1,500.                    

*Responses per Respondent:*                         1.                    

*Average Burden per Response:*                         20 minutes.                    

*Frequency:*                         One-time.                    

# SUPPLEMENTARY INFORMATION:

## Summary of Information Collection

A former spouse who has been awarded coverage under the Survivor Benefit Plan, either by court order or written agreement, may, within one year of such court order or written agreement submit a request to have an election for such coverage deemed on behalf of the member. Such request will be made by submitting the proposed form and a copy of the court order, regular on its face, which requires such election or incorporates, ratifies, or approves the written agreement of such person; or a statement from the clerk of the court (or other appropriate official) that such agreement has been filed with the court in accordance with applicable state law.

A former spouse is not required to submit a request for a deemed election. However, if a request for deemed election is not submitted within the one year period described in the previous paragraph and the member fails to elect former spouse SBP coverage, no former spouse coverage will be provided.

The DD Form 2656-10, “Survivor Benefit Plan (SBP)/Reserve Component (RC) SBP Request for Deemed Election,” is currently the prescribed form required for submitting such request.

Dated: February 16, 2012.

Aaron Siegel,

Alternate OSD Federal Register, Liaison Officer, Department of Defense.

[FR Doc. 2012-4063 Filed 2-21-12; 8:45 am]

BILLING CODE 5001-06-P