5 C.F.R. PART 839--CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
TITLE 5--Administrative Personnel
CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
SUBCHAPTER B--CIVIL SERVICE REGULATIONS
PART 839--CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
Subpart A--GENERAL PROVISIONS
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| What is the Federal Erroneous Retirement Coverage Corrections Act?
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Subpart B--ELIGIBILITY
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| Do these rules apply to me?
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| 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?
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| May I make a retirement coverage election if I received a refund of my retirement deductions after I was corrected to FERS?
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| May I make a retirement coverage election if I withdrew all or part of my TSP account after I was corrected to FERS?
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| Am I disqualified from making an election of retirement coverage under the FERCCA if I withdrew my TSP account after I retired under FERS?
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| 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?
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| 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?
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| Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?
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| 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?
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| 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?
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| Do these rules apply to me if I had multiple errors?
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Subpart C--EMPLOYER RESPONSIBILITY TO NOTIFY EMPLOYEES
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| What should I do if I am not sure whether I am or was in the wrong retirement plan?
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| Will my employer give me a written explanation?
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| Is my employer required to find employees with a retirement coverage error?
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| What if my employer does not notify me?
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Subpart D--RETIREMENT COVERAGE ELECTIONS FOR ERRORS THAT WERE NOT PREVIOUSLY CORRECTED
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| What can I elect if I was put in CSRS or CSRS Offset by mistake?
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| What can I elect if I was put in FERS by mistake?
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Subpart E--RETIREMENT COVERAGE ELECTIONS FOR ERRORS THAT WERE PREVIOUSLY CORRECTED
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| What can I elect if my employer moved me out of CSRS or CSRS Offset?
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| 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?
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Subpart F--MAKING AN ELECTION
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| How do I make an election?
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| What if I don't make an election?
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| Can I later change my election?
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| When is my election effective?
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| What are the time limits for making an election?
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| Can I make a belated election?
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| 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?
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| 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?
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| If I decide to keep the FERS election in effect, may I change the effective date of the FERS election?
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Subpart G--ERRORS THAT DON'T PERMIT AN ELECTION
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| 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?
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| 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?
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Subpart H--ADJUSTING RETIREMENT DEDUCTIONS AND CONTRIBUTIONS
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| 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?
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| 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?
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| 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?
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| 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?
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| 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?
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| 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?
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| Who is responsible for correcting my records?
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| Which employer is responsible for submitting the employee and employer retirement deductions and contributions and correcting my records if I had different employers?
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Subpart I--SOCIAL SECURITY TAXES
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| 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?
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| 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?
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| What happens to the Social Security taxes I erroneously paid when my employer corrects my retirement coverage to CSRS?
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Subpart J--LOST EARNINGS FOR CERTAIN MAKE-UP CONTRIBUTIONS TO THE TSP
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| 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?
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| Will OPM compute the lost earnings if my qualifying retirement coverage error was previously corrected and I made TSP make-up contributions?
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| How will OPM compute the amount of lost earnings?
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| Are lost earnings payable if I separated or if the employee died?
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Subpart K--EFFECT OF ELECTION
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| How are my retirement benefits computed if I elect CSRS or CSRS Offset under this part?
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| How are my retirement benefits computed if I elect FERS under this part?
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| 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?
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| If I elect to change my retirement coverage under the FERCCA, can I change the election I originally made at retirement for survivor benefits?
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| 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?
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| 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?
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| Will OPM actuarially reduce my benefit if I elect to change my retirement coverage under these rules?
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| What is an actuarial reduction?
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| 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?
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| 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?
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| Will my annuity be actuarially reduced because I had Government contributions in my TSP account?
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| How is the actuarial reduction for TSP computed?
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| What is the Actuarial Reduction for the Basic Employee Death Benefit (BEDB)?
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| Does receipt of a one-time payment of retirement contributions as a death benefit prevent me from electing CSRS Offset?
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Subpart L--DISCRETIONARY ACTIONS BY OPM
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| 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?
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| Can OPM waive repayment of a monetary award I received as resolution of the harm caused me by a qualifying retirement coverage error?
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| 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?
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| On what basis will OPM review claims under this subpart?
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| Does the Director of OPM review the claims?
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| How do I submit a claim under this subpart?
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Subpart M--APPEAL RIGHTS
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| What if my employer determines my error is not subject to these rules?
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| What types of decisions can I appeal?
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| Are there any types of decisions that I cannot appeal?
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| Is there anything else I can do if I am not satisfied with the way my error was corrected?
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