5 CFR § 839.213 - May I make a retirement coverage election if I withdrew all or part of my TSP account after I was corrected to FERS?
---
identifier: "/us/cfr/t5/s839.213"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 839.213 - May I make a retirement coverage election if I withdrew all or part of my TSP account after I was corrected to FERS?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "839.213"
section_name: "May I make a retirement coverage election if I withdrew all or part of my TSP account after I was corrected to FERS?"
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"
---
# 839.213 May I make a retirement coverage election if I withdrew all or part of my TSP account after I was corrected to FERS?
(a) You may not make a retirement coverage election if your qualifying retirement coverage error was previously corrected to FERS, and you later received one of the following TSP withdrawals:
(1) A TSP annuity after separation from service, but before receiving a FERS annuity; or
(2) A single payment or monthly payments after separation from service; or
(3) An age-based in-service withdrawal.
(b) If you received an automatic cashout of your TSP account after you separated (because your account balance was $3,500 or less), or if you received a financial hardship in-service withdrawal, you may make a retirement coverage election.