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Part 839
FEDERAL · 5 CFR
Part 839 — Correction of Retirement Coverage Errors Under the Federal Erroneous Retirement Coverage Corrections Act
71 sections · Title 5: Administrative Personnel
§ 839.101
What is the Federal Erroneous Retirement Coverage Corrections Act?
§ 839.102
Definitions.
§ 839.201
Do these rules apply to me?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 839.401
What can I elect if I was put in CSRS or CSRS Offset by mistake?
§ 839.411
What can I elect if I was put in FERS by mistake?
§ 839.501
What can I elect if my employer moved me out of CSRS or CSRS Offset?
§ 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?
§ 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?
§ 839.611
What are the time limits for making an election?
§ 839.612
Can I make a belated election?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?
§ 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?