5 CFR § 839.701 - 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?

---
identifier: "/us/cfr/t5/s839.701"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 839.701 - 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?"
title_number: 5
title_name: "Administrative Personnel"
section_number: "839.701"
section_name: "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?"
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"
---


# 839.701 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?

Under the FERCCA, the types of retirement coverage errors listed in § 839.241 trigger a right to make a retirement coverage election. The following chart summarizes the types of errors that do not trigger an election right:

| You are in: | And youbelong in: | Yourcoverage must becorrected to: |
| --- | --- | --- |
| CSRS Offset | CSRS | CSRS. |
| CSRS | CSRS Offset | CSRS Offset. |
| Social Security-Only | CSRS | CSRS. |
| Social Security-Only | CSRS Offset | CSRS Offset. |
| Social Security-Only | FERS | FERS. |