5 CFR Part 839
PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
- PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
- Chapter I—Office of Personnel Management › Subchapter B—Civil Service Regulations
- Subpart A—General Provisions
- § 839.101 What is the Federal Erroneous Retirement Coverage Corrections Act?
- § 839.102 Definitions.
- Subpart B—Eligibility
- General Provisions
- § 839.201 Do these rules apply to me?
- Election Opportunity
- § 839.211 If these rules apply to me because I had a qualifying retirement coverage error, can I choose which retirement plan I want to be in?
- § 839.212 May I make a retirement coverage election if I received a refund of my retirement deductions after I was corrected to FERS?
- § 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?
- § 839.214 Am I disqualified from making an election of retirement coverage under the FERCCA if I withdrew my TSP account after I retired under FERS?
- § 839.215 May I make a retirement coverage election under the FERCCA if I received a payment as settlement of my claim for losses because of a qualifying retirement coverage error?
- Previous Election Opportunity
- § 839.221 If my qualifying retirement coverage error was that I was put into FERS by mistake and then, after the error was discovered, I chose my current retirement coverage, can I now make another election?
- Court-Ordered Benefits for Former Spouses
- § 839.231 Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?
- § 839.232 If a deceased employee's survivors include both a current spouse and a former spouse, or spouses, who are eligible for survivor annuities, must all of them consent to an election of FERS?
- Elections
- § 839.241 Am I eligible to make an election under the FERCCA if I had a qualifying retirement coverage error and none of the conditions mentioned in § 839.212 through § 839.232 apply to me?
- § 839.242 Do these rules apply to me if I had multiple errors?
- Subpart C—Employer Responsibility to Notify Employees
- § 839.301 What should I do if I am not sure whether I am or was in the wrong retirement plan?
- § 839.302 Will my employer give me a written explanation?
- § 839.303 Is my employer required to find employees with a retirement coverage error?
- § 839.304 What if my employer does not notify me?
- Subpart D—Retirement Coverage Elections for Errors That Were Not Previously Corrected
- Erroneous CSRS or CSRS Offset
- § 839.401 What can I elect if I was put in CSRS or CSRS Offset by mistake?
- Erroneous FERS
- § 839.411 What can I elect if I was put in FERS by mistake?
- Subpart E—Retirement Coverage Elections for Errors That Were Previously Corrected
- Moved Out of CSRS or CSRS Offset
- § 839.501 What can I elect if my employer moved me out of CSRS or CSRS Offset?
- Moved Out of FERS
- § 839.511 What can I elect under the FERCCA if my employer put me into FERS by mistake and then I was not allowed to remain in FERS when the error was discovered?
- Subpart F—Making an Election
- General Provisions
- § 839.601 How do I make an election?
- § 839.602 What if I don't make an election?
- § 839.603 Can I later change my election?
- § 839.604 When is my election effective?
- Time Limits
- § 839.611 What are the time limits for making an election?
- § 839.612 Can I make a belated election?
- FERS Elections
- § 839.621 Can I cancel my FERS election if I was in the wrong retirement plan at the time I elected FERS coverage and I have an election opportunity under the FERCCA?
- § 839.622 Can I cancel my FERS election if my qualifying retirement coverage error was previously corrected and I now have an election opportunity under the FERCCA?
- § 839.623 If I decide to keep the FERS election in effect, may I change the effective date of the FERS election?
- Subpart G—Errors That Don't Permit an Election
- § 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?
- § 839.702 How do these rules apply to me if I don't have an election right under the FERCCA, but I did have a qualifying retirement coverage error?
- Subpart H—Adjusting Retirement Deductions and Contributions
- Employee Retirement Deductions
- § 839.801 Do I owe more money if I had a qualifying retirement coverage error and the employee retirement deductions for the new retirement plan are more than what I already paid?
- § 839.802 If I was in CSRS during my qualifying retirement coverage error, paid into the Fund more than I would have paid as a CSRS Offset, Social Security-Only, or FERS employee, and end up retroactively in one of those retirement plans, will I get a refund of the excess I had withheld from my pay?
- § 839.803 If I am like the person in the previous question, but the amount I paid as deductions under CSRS is more than the amount of combined retirement deductions and Social Security taxes due for my new retirement coverage, will I get a refund of the excess?
- § 839.804 If my qualifying retirement coverage error occurred while I was a reemployed annuitant, and I am later corrected retroactively to a different retirement plan, will I have to pay any additional amount for retirement deductions?
- Employer Retirement Contributions
- § 839.811 Does my employer owe more money if I had a qualifying retirement coverage error and the employer retirement contributions for my new retirement plan are more than what was already paid?
- § 839.812 Will my employer get a refund if I had a qualifying retirement coverage error and the employer retirement contributions for my new retirement plan are less than what was already paid?
- Records Correction
- § 839.821 Who is responsible for correcting my records?
- § 839.822 Which employer is responsible for submitting the employee and employer retirement deductions and contributions and correcting my records if I had different employers?
- Subpart I—Social Security Taxes
- § 839.901 When will my employer begin withholding Social Security taxes if I was erroneously in CSRS during my qualifying retirement coverage error and my corrected coverage will now require me to pay Social Security taxes?
- § 839.902 Will my CSRS retirement deductions be used to pay the Social Security taxes for the period of the qualifying retirement coverage error if I was erroneously placed in CSRS and did not pay Social Security taxes?
- § 839.903 What happens to the Social Security taxes I erroneously paid when my employer corrects my retirement coverage to CSRS?
- Subpart J—Lost Earnings for Certain Make-up Contributions to the TSP
- § 839.1001 Does the FERCCA allow me to increase my TSP account if I was in CSRS during my qualifying retirement coverage error and my correct coverage will be FERS?
- § 839.1002 Will OPM compute the lost earnings if my qualifying retirement coverage error was previously corrected and I made TSP make-up contributions?
- § 839.1003 How will OPM compute the amount of lost earnings?
- § 839.1004 Are lost earnings payable if I separated or if the employee died?
- Subpart K—Effect of Election
- General Provisions
- § 839.1101 How are my retirement benefits computed if I elect CSRS or CSRS Offset under this part?
- § 839.1102 How are my retirement benefits computed if I elect FERS under this part?
- § 839.1103 If my qualifying retirement coverage error started when I should have been placed under FERS automatically, but my agency put me in CSRS because I had some past service, will I get a CSRS component in my FERS annuity for the service before the error if I elect FERS?
- Retirees and Survivors
- § 839.1111 If I elect to change my retirement coverage under the FERCCA, can I change the election I originally made at retirement for survivor benefits?
- § 839.1112 If I elect to change my retirement coverage under the FERCCA, can I retroactively revoke the waiver of military retired pay I made at retirement?
- § 839.1113 If I elect to change my retirement coverage under the FERCCA, can I change my decision about making a deposit or redeposit for civilian or military service?
- § 839.1114 Will OPM actuarially reduce my benefit if I elect to change my retirement coverage under these rules?
- § 839.1115 What is an actuarial reduction?
- § 839.1116 If, because of the change in my retirement coverage, I will owe larger deposits for military and civilian service credit, will I have to pay the additional deposit due or will OPM actuarially reduce my annuity?
- § 839.1117 If I elect to change my retirement coverage under the FERCCA, can I get a refund of the service credit deposit I made and receive the actuarial reduction instead?
- § 839.1118 Will my annuity be actuarially reduced because I had Government contributions in my TSP account?
- § 839.1119 How is the actuarial reduction for TSP computed?
- Survivor Benefits
- § 839.1121 What is the Actuarial Reduction for the Basic Employee Death Benefit (BEDB)?
- § 839.1122 Does receipt of a one-time payment of retirement contributions as a death benefit prevent me from electing CSRS Offset?
- Subpart L—Discretionary Actions by OPM
- § 839.1201 If I took legal action against my employer because of a qualifying retirement coverage error, can OPM reimburse me for expenses related to my legal actions?
- § 839.1202 Can OPM waive repayment of a monetary award I received as resolution of the harm caused me by a qualifying retirement coverage error?
- § 839.1203 Can OPM compensate me for my losses if I did not take any legal action against my employer, but did incur some expenses because of a qualifying retirement coverage error?
- § 839.1204 On what basis will OPM review claims under this subpart?
- § 839.1205 Does the Director of OPM review the claims?
- § 839.1206 How do I submit a claim under this subpart?
- Subpart M—Appeal Rights
- § 839.1301 What if my employer determines my error is not subject to these rules?
- § 839.1302 What types of decisions can I appeal?
- § 839.1303 Are there any types of decisions that I cannot appeal?
- § 839.1304 Is there anything else I can do if I am not satisfied with the way my error was corrected?
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