5 CFR § 839.401 - What can I elect if I was put in CSRS or CSRS Offset by mistake?

---
identifier: "/us/cfr/t5/s839.401"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 839.401 - What can I elect if I was put in CSRS or CSRS Offset by mistake?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "839.401"
section_name: "What can I elect if I was put in CSRS or CSRS Offset by mistake?"
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"
---


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

If you were placed in CSRS or CSRS Offset due to a qualifying retirement coverage error and you should have been in FERS, you may elect CSRS Offset or FERS. If you were placed in CSRS or CSRS Offset due to a qualifying retirement coverage error and you should have been in Social Security-Only, you may elect CSRS Offset or Social Security-Only. This is summarized in the following chart:

| You are in: | And you belong in: | You may elect: |
| --- | --- | --- |
| CSRS | FERS | CSRS Offset or FERS. |
| CSRS Offset | FERS |  |
| CSRS | Social Security-Only | CSRS Offset or Social Security-Only. |
| CSRS Offset | Social Security-Only |  |