5 C.F.R. Subpart G—Errors That Don't Permit an Election


Title 5 - Administrative Personnel


Title 5: Administrative Personnel
PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT

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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?

Under the FERCCA, the types of retirement coverage errors listed in §839.241 trigger a right to make a retirement coverage election. The following chart summarizes the types of errors that do not trigger an election right:

 ------------------------------------------------------------------------                                                      Your coverage must           You are in:            And you belong in:   be corrected to:------------------------------------------------------------------------CSRS Offset.....................  CSRS..............  CSRS.CSRS............................  CSRS Offset.......  CSRS Offset.Social Security-Only............  CSRS..............  CSRS.Social Security-Only............  CSRS Offset.......  CSRS Offset.Social Security-Only............  FERS..............  FERS.------------------------------------------------------------------------

§ 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?

After your retirement coverage is corrected to the proper plan, your retirement deductions will be adjusted in accordance with subpart H of this part and your Social Security taxes will be adjusted in accordance with subpart I of this part, if applicable. You may also file a claim for losses in accordance with subpart L of this part.

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