5 CFR § 839.411 - What can I elect if I was put in FERS by mistake?

---
identifier: "/us/cfr/t5/s839.411"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 839.411 - What can I elect if I was put in FERS by mistake?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "839.411"
section_name: "What can I elect if I was put in FERS 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"
---


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

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

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