5 C.F.R. § 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?
Title 5 - Administrative Personnel
An employee who was erroneously placed in FERS during a time when the employee should have had an opportunity to elect FERS is allowed to keep the erroneous FERS coverage. If the employee was given an opportunity to remain in FERS, then the employee is disqualified from making an election of retirement coverage under the FERCCA (see §839.221). If you were not allowed to remain in FERS and were placed in CSRS due to a qualifying retirement coverage error, you may elect FERS or remain in CSRS. If you were not allowed to remain in FERS and were placed in CSRS Offset due to a qualifying retirement coverage error, you may elect FERS or remain in CSRS Offset. If you were not allowed to remain in FERS and were placed in Social Security-Only due to a qualifying retirement coverage error, you may elect FERS or remain in Social Security-Only. This is summarized in the following chart:
Title 5: Administrative Personnel
PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
Subpart E—Retirement Coverage Elections for Errors That Were Previously Corrected
Moved 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?
------------------------------------------------------------------------ And your coverage You were in: was previously You may elect: corrected to:------------------------------------------------------------------------FERS............................ CSRS.............. CSRS or FERS.FERS............................ CSRS Offset....... CSRS Offset or FERS.FERS............................ Social Security- Social Security- Only. Only or FERS.------------------------------------------------------------------------
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