5 CFR § 839.1004 - Are lost earnings payable if I separated or if the employee died?

---
identifier: "/us/cfr/t5/s839.1004"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 839.1004 - Are lost earnings payable if I separated or if the employee died?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "839.1004"
section_name: "Are lost earnings payable if I separated or if the employee died?"
chapter_name: "OFFICE OF PERSONNEL MANAGEMENT"
subchapter_number: "B"
subchapter_name: "CIVIL SERVICE REGULATIONS"
part_number: "839"
part_name: "CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Title II, Pub. L. 106-265, 114 Stat. 770."
regulatory_source: "66 FR 15609, Mar. 19, 2001, unless otherwise noted."
cfr_part: "839"
---


# 839.1004 Are lost earnings payable if I separated or if the employee died?

(a) Yes. If the TSP account is not withdrawn, the lost earnings are paid to the account.

(b) If there is no TSP account at the time the lost earnings are payable, you or your survivors will receive the payment directly.