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| 5:2.0.1.1.22.1 | SUBPART A
| Subpart A - General Provisions | |
| 5:2.0.1.1.22.1.117.1 | SECTION 839.101
| 839.101 What is the Federal Erroneous Retirement Coverage Corrections Act | |
| 5:2.0.1.1.22.1.117.2 | SECTION 839.102
| 839.102 Definitions. | |
| 5:2.0.1.1.22.2 | SUBPART B
| Subpart B - Eligibility | |
| 5:2.0.1.1.22.2.117 | SUBJGRP 117
| General Provisions | |
| 5:2.0.1.1.22.2.117.1 | SECTION 839.201
| 839.201 Do these rules apply to me | |
| 5:2.0.1.1.22.2.118 | SUBJGRP 118
| Election Opportunity | |
| 5:2.0.1.1.22.2.118.2 | SECTION 839.211
| 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 | |
| 5:2.0.1.1.22.2.118.3 | SECTION 839.212
| 839.212 May I make a retirement coverage election if I received a refund of my retirement deductions after I was corrected to FERS | |
| 5:2.0.1.1.22.2.118.4 | SECTION 839.213
| 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 | |
| 5:2.0.1.1.22.2.118.5 | SECTION 839.214
| 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 | |
| 5:2.0.1.1.22.2.118.6 | SECTION 839.215
| 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 | |
| 5:2.0.1.1.22.2.119 | SUBJGRP 119
| Previous Election Opportunity | |
| 5:2.0.1.1.22.2.119.7 | SECTION 839.221
| 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 | |
| 5:2.0.1.1.22.2.120 | SUBJGRP 120
| Court-Ordered Benefits for Former Spouses | |
| 5:2.0.1.1.22.2.120.8 | SECTION 839.231
| 839.231 Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order | |
| 5:2.0.1.1.22.2.120.9 | SECTION 839.232
| 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 | |
| 5:2.0.1.1.22.2.121 | SUBJGRP 121
| Elections | |
| 5:2.0.1.1.22.2.121.10 | SECTION 839.241
| 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 | |
| 5:2.0.1.1.22.2.121.11 | SECTION 839.242
| 839.242 Do these rules apply to me if I had multiple errors | |
| 5:2.0.1.1.22.3 | SUBPART C
| Subpart C - Employer Responsibility to Notify Employees | |
| 5:2.0.1.1.22.3.122.1 | SECTION 839.301
| 839.301 What should I do if I am not sure whether I am or was in the wrong retirement plan | |
| 5:2.0.1.1.22.3.122.2 | SECTION 839.302
| 839.302 Will my employer give me a written explanation | |
| 5:2.0.1.1.22.3.122.3 | SECTION 839.303
| 839.303 Is my employer required to find employees with a retirement coverage error | |
| 5:2.0.1.1.22.3.122.4 | SECTION 839.304
| 839.304 What if my employer does not notify me | |
| 5:2.0.1.1.22.4 | SUBPART D
| Subpart D - Retirement Coverage Elections for Errors That Were Not Previously Corrected | |
| 5:2.0.1.1.22.4.122 | SUBJGRP 122
| Erroneous CSRS or CSRS Offset | |
| 5:2.0.1.1.22.4.122.1 | SECTION 839.401
| 839.401 What can I elect if I was put in CSRS or CSRS Offset by mistake | |
| 5:2.0.1.1.22.4.123 | SUBJGRP 123
| Erroneous FERS | |
| 5:2.0.1.1.22.4.123.2 | SECTION 839.411
| 839.411 What can I elect if I was put in FERS by mistake | |
| 5:2.0.1.1.22.5 | SUBPART E
| Subpart E - Retirement Coverage Elections for Errors That Were Previously Corrected | |
| 5:2.0.1.1.22.5.124 | SUBJGRP 124
| Moved Out of CSRS or CSRS Offset | |
| 5:2.0.1.1.22.5.124.1 | SECTION 839.501
| 839.501 What can I elect if my employer moved me out of CSRS or CSRS Offset | |
| 5:2.0.1.1.22.5.125 | SUBJGRP 125
| Moved Out of FERS | |
| 5:2.0.1.1.22.5.125.2 | SECTION 839.511
| 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 | |
| 5:2.0.1.1.22.6 | SUBPART F
| Subpart F - Making an Election | |
| 5:2.0.1.1.22.6.126 | SUBJGRP 126
| General Provisions | |
| 5:2.0.1.1.22.6.126.1 | SECTION 839.601
| 839.601 How do I make an election | |
| 5:2.0.1.1.22.6.126.2 | SECTION 839.602
| 839.602 What if I don't make an election | |
| 5:2.0.1.1.22.6.126.3 | SECTION 839.603
| 839.603 Can I later change my election | |
| 5:2.0.1.1.22.6.126.4 | SECTION 839.604
| 839.604 When is my election effective | |
| 5:2.0.1.1.22.6.127 | SUBJGRP 127
| Time Limits | |
| 5:2.0.1.1.22.6.127.5 | SECTION 839.611
| 839.611 What are the time limits for making an election | |
| 5:2.0.1.1.22.6.127.6 | SECTION 839.612
| 839.612 Can I make a belated election | |
| 5:2.0.1.1.22.6.128 | SUBJGRP 128
| FERS Elections | |
| 5:2.0.1.1.22.6.128.7 | SECTION 839.621
| 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 | |
| 5:2.0.1.1.22.6.128.8 | SECTION 839.622
| 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 | |
| 5:2.0.1.1.22.6.128.9 | SECTION 839.623
| 839.623 If I decide to keep the FERS election in effect, may I change the effective date of the FERS election | |
| 5:2.0.1.1.22.7 | SUBPART G
| Subpart G - Errors That Don't Permit an Election | |
| 5:2.0.1.1.22.7.129.1 | SECTION 839.701
| 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 | |
| 5:2.0.1.1.22.7.129.2 | SECTION 839.702
| 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 | |
| 5:2.0.1.1.22.8 | SUBPART H
| Subpart H - Adjusting Retirement Deductions and Contributions | |
| 5:2.0.1.1.22.8.129 | SUBJGRP 129
| Employee Retirement Deductions | |
| 5:2.0.1.1.22.8.129.1 | SECTION 839.801
| 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 | |
| 5:2.0.1.1.22.8.129.2 | SECTION 839.802
| 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 | |
| 5:2.0.1.1.22.8.129.3 | SECTION 839.803
| 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 | |
| 5:2.0.1.1.22.8.129.4 | SECTION 839.804
| 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 | |
| 5:2.0.1.1.22.8.130 | SUBJGRP 130
| Employer Retirement Contributions | |
| 5:2.0.1.1.22.8.130.5 | SECTION 839.811
| 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 | |
| 5:2.0.1.1.22.8.130.6 | SECTION 839.812
| 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 | |
| 5:2.0.1.1.22.8.131 | SUBJGRP 131
| Records Correction | |
| 5:2.0.1.1.22.8.131.7 | SECTION 839.821
| 839.821 Who is responsible for correcting my records | |
| 5:2.0.1.1.22.8.131.8 | SECTION 839.822
| 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 | |
| 5:2.0.1.1.22.9 | SUBPART I
| Subpart I - Social Security Taxes | |
| 5:2.0.1.1.22.9.132.1 | SECTION 839.901
| 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 | |
| 5:2.0.1.1.22.9.132.2 | SECTION 839.902
| 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 | |
| 5:2.0.1.1.22.9.132.3 | SECTION 839.903
| 839.903 What happens to the Social Security taxes I erroneously paid when my employer corrects my retirement coverage to CSRS | |
| 5:2.0.1.1.22.10 | SUBPART J
| Subpart J - Lost Earnings for Certain Make-up Contributions to the TSP | |
| 5:2.0.1.1.22.10.132.1 | SECTION 839.1001
| 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 | |
| 5:2.0.1.1.22.10.132.2 | SECTION 839.1002
| 839.1002 Will OPM compute the lost earnings if my qualifying retirement coverage error was previously corrected and I made TSP make-up contributions | |
| 5:2.0.1.1.22.10.132.3 | SECTION 839.1003
| 839.1003 How will OPM compute the amount of lost earnings | |
| 5:2.0.1.1.22.10.132.4 | SECTION 839.1004
| 839.1004 Are lost earnings payable if I separated or if the employee died | |
| 5:2.0.1.1.22.11 | SUBPART K
| Subpart K - Effect of Election | |
| 5:2.0.1.1.22.11.132 | SUBJGRP 132
| General Provisions | |
| 5:2.0.1.1.22.11.132.1 | SECTION 839.1101
| 839.1101 How are my retirement benefits computed if I elect CSRS or CSRS Offset under this part | |
| 5:2.0.1.1.22.11.132.2 | SECTION 839.1102
| 839.1102 How are my retirement benefits computed if I elect FERS under this part | |
| 5:2.0.1.1.22.11.132.3 | SECTION 839.1103
| 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 | |
| 5:2.0.1.1.22.11.133 | SUBJGRP 133
| Retirees and Survivors | |
| 5:2.0.1.1.22.11.133.4 | SECTION 839.1111
| 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 | |
| 5:2.0.1.1.22.11.133.5 | SECTION 839.1112
| 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 | |
| 5:2.0.1.1.22.11.133.6 | SECTION 839.1113
| 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 | |
| 5:2.0.1.1.22.11.133.7 | SECTION 839.1114
| 839.1114 Will OPM actuarially reduce my benefit if I elect to change my retirement coverage under these rules | |
| 5:2.0.1.1.22.11.133.8 | SECTION 839.1115
| 839.1115 What is an actuarial reduction | |
| 5:2.0.1.1.22.11.133.9 | SECTION 839.1116
| 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 | |
| 5:2.0.1.1.22.11.133.10 | SECTION 839.1117
| 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 | |
| 5:2.0.1.1.22.11.133.11 | SECTION 839.1118
| 839.1118 Will my annuity be actuarially reduced because I had Government contributions in my TSP account | |
| 5:2.0.1.1.22.11.133.12 | SECTION 839.1119
| 839.1119 How is the actuarial reduction for TSP computed | |
| 5:2.0.1.1.22.11.134 | SUBJGRP 134
| Survivor Benefits | |
| 5:2.0.1.1.22.11.134.13 | SECTION 839.1121
| 839.1121 What is the Actuarial Reduction for the Basic Employee Death Benefit (BEDB) | |
| 5:2.0.1.1.22.11.134.14 | SECTION 839.1122
| 839.1122 Does receipt of a one-time payment of retirement contributions as a death benefit prevent me from electing CSRS Offset | |
| 5:2.0.1.1.22.12 | SUBPART L
| Subpart L - Discretionary Actions by OPM | |
| 5:2.0.1.1.22.12.135.1 | SECTION 839.1201
| 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 | |
| 5:2.0.1.1.22.12.135.2 | SECTION 839.1202
| 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 | |
| 5:2.0.1.1.22.12.135.3 | SECTION 839.1203
| 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 | |
| 5:2.0.1.1.22.12.135.4 | SECTION 839.1204
| 839.1204 On what basis will OPM review claims under this subpart | |
| 5:2.0.1.1.22.12.135.5 | SECTION 839.1205
| 839.1205 Does the Director of OPM review the claims | |
| 5:2.0.1.1.22.12.135.6 | SECTION 839.1206
| 839.1206 How do I submit a claim under this subpart | |
| 5:2.0.1.1.22.13 | SUBPART M
| Subpart M - Appeal Rights | |
| 5:2.0.1.1.22.13.135.1 | SECTION 839.1301
| 839.1301 What if my employer determines my error is not subject to these rules | |
| 5:2.0.1.1.22.13.135.2 | SECTION 839.1302
| 839.1302 What types of decisions can I appeal | |
| 5:2.0.1.1.22.13.135.3 | SECTION 839.1303
| 839.1303 Are there any types of decisions that I cannot appeal | |
| 5:2.0.1.1.22.13.135.4 | SECTION 839.1304
| 839.1304 Is there anything else I can do if I am not satisfied with the way my error was corrected | |