Title 5, Part 839 — Correction of Retirement Coverage Errors Under the Federal Erroneous Retirement Coverage Corrections Act

What is the Federal Erroneous Retirement Coverage Corrections Act?

Definitions.

Do these rules apply to me?

If these rules apply to me because I had a qualifying retirement coverage error, can I choose which retirement plan I want to be in?

May I make a retirement coverage election if I received a refund of my retirement deductions after I was corrected to FERS?

May I make a retirement coverage election if I withdrew all or part of my TSP account after I was corrected to FERS?

Am I disqualified from making an election of retirement coverage under the FERCCA if I withdrew my TSP account after I retired under FERS?

May I make a retirement coverage election under the FERCCA if I received a payment as settlement of my claim for losses because of a qualifying retirement coverage error?

If my qualifying retirement coverage error was that I was put into FERS by mistake and then, after the error was discovered, I chose my current retirement coverage, can I now make another election?

Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?

If a deceased employee's survivors include both a current spouse and a former spouse, or spouses, who are eligible for survivor annuities, must all of them consent to an election of FERS?

Am I eligible to make an election under the FERCCA if I had a qualifying retirement coverage error and none of the conditions mentioned in § 839.212 through § 839.232 apply to me?

Do these rules apply to me if I had multiple errors?

What should I do if I am not sure whether I am or was in the wrong retirement plan?

Will my employer give me a written explanation?

Is my employer required to find employees with a retirement coverage error?

What if my employer does not notify me?

What can I elect if I was put in CSRS or CSRS Offset by mistake?

What can I elect if I was put in FERS by mistake?

What can I elect if my employer moved me out of CSRS or CSRS Offset?

What can I elect under the FERCCA if my employer put me into FERS by mistake and then I was not allowed to remain in FERS when the error was discovered?

How do I make an election?

What if I don't make an election?

Can I later change my election?

When is my election effective?

What are the time limits for making an election?

Can I make a belated election?

Can I cancel my FERS election if I was in the wrong retirement plan at the time I elected FERS coverage and I have an election opportunity under the FERCCA?

Can I cancel my FERS election if my qualifying retirement coverage error was previously corrected and I now have an election opportunity under the FERCCA?

If I decide to keep the FERS election in effect, may I change the effective date of the FERS election?

Is it correct that even though I had a qualifying retirement coverage error under the FERCCA, I may not have a choice of retirement coverage?

How do these rules apply to me if I don't have an election right under the FERCCA, but I did have a qualifying retirement coverage error?

Do I owe more money if I had a qualifying retirement coverage error and the employee retirement deductions for the new retirement plan are more than what I already paid?

If I was in CSRS during my qualifying retirement coverage error, paid into the Fund more than I would have paid as a CSRS Offset, Social Security-Only, or FERS employee, and end up retroactively in one of those retirement plans, will I get a refund of the excess I had withheld from my pay?

If I am like the person in the previous question, but the amount I paid as deductions under CSRS is more than the amount of combined retirement deductions and Social Security taxes due for my new retirement coverage, will I get a refund of the excess?

If my qualifying retirement coverage error occurred while I was a reemployed annuitant, and I am later corrected retroactively to a different retirement plan, will I have to pay any additional amount for retirement deductions?

Does my employer owe more money if I had a qualifying retirement coverage error and the employer retirement contributions for my new retirement plan are more than what was already paid?

Will my employer get a refund if I had a qualifying retirement coverage error and the employer retirement contributions for my new retirement plan are less than what was already paid?

Who is responsible for correcting my records?

Which employer is responsible for submitting the employee and employer retirement deductions and contributions and correcting my records if I had different employers?

When will my employer begin withholding Social Security taxes if I was erroneously in CSRS during my qualifying retirement coverage error and my corrected coverage will now require me to pay Social Security taxes?

Will my CSRS retirement deductions be used to pay the Social Security taxes for the period of the qualifying retirement coverage error if I was erroneously placed in CSRS and did not pay Social Security taxes?

What happens to the Social Security taxes I erroneously paid when my employer corrects my retirement coverage to CSRS?

Does the FERCCA allow me to increase my TSP account if I was in CSRS during my qualifying retirement coverage error and my correct coverage will be FERS?

Will OPM compute the lost earnings if my qualifying retirement coverage error was previously corrected and I made TSP make-up contributions?

How will OPM compute the amount of lost earnings?

Are lost earnings payable if I separated or if the employee died?

How are my retirement benefits computed if I elect CSRS or CSRS Offset under this part?

How are my retirement benefits computed if I elect FERS under this part?

If my qualifying retirement coverage error started when I should have been placed under FERS automatically, but my agency put me in CSRS because I had some past service, will I get a CSRS component in my FERS annuity for the service before the error if I elect FERS?

If I elect to change my retirement coverage under the FERCCA, can I change the election I originally made at retirement for survivor benefits?

If I elect to change my retirement coverage under the FERCCA, can I retroactively revoke the waiver of military retired pay I made at retirement?

If I elect to change my retirement coverage under the FERCCA, can I change my decision about making a deposit or redeposit for civilian or military service?

Will OPM actuarially reduce my benefit if I elect to change my retirement coverage under these rules?

What is an actuarial reduction?

If, because of the change in my retirement coverage, I will owe larger deposits for military and civilian service credit, will I have to pay the additional deposit due or will OPM actuarially reduce my annuity?

If I elect to change my retirement coverage under the FERCCA, can I get a refund of the service credit deposit I made and receive the actuarial reduction instead?

Will my annuity be actuarially reduced because I had Government contributions in my TSP account?

How is the actuarial reduction for TSP computed?

What is the Actuarial Reduction for the Basic Employee Death Benefit (BEDB)?

Does receipt of a one-time payment of retirement contributions as a death benefit prevent me from electing CSRS Offset?

If I took legal action against my employer because of a qualifying retirement coverage error, can OPM reimburse me for expenses related to my legal actions?

Can OPM waive repayment of a monetary award I received as resolution of the harm caused me by a qualifying retirement coverage error?

Can OPM compensate me for my losses if I did not take any legal action against my employer, but did incur some expenses because of a qualifying retirement coverage error?

On what basis will OPM review claims under this subpart?

Does the Director of OPM review the claims?

How do I submit a claim under this subpart?

What if my employer determines my error is not subject to these rules?

What types of decisions can I appeal?

Are there any types of decisions that I cannot appeal?

Is there anything else I can do if I am not satisfied with the way my error was corrected?