§ 839.101 What is the Federal Erroneous Retirement Coverage Corrections Act?

5 CFR 839.101(a)(a) The Federal Erroneous Retirement Coverage Corrections Act (FERCCA) is Title II of Public Law 106-265, enacted September 19, 2000. The FERCCA addresses the problems created when employees are in the wrong retirement plan for an extended period.

5 CFR 839.101(b)(b) Generally, you must be in the wrong retirement plan for at least 3 years of service after December 31, 1986, before the FERCCA applies to you. Depending on the type of error, the FERCCA provides:

5 CFR 839.101(b)(1)(1) A choice between retirement plans,

5 CFR 839.101(b)(2)(2) New rules for crediting civilian and military service that was not subject to retirement deductions,

5 CFR 839.101(b)(3)(3) Payment of lost earnings on employee make-up contributions to the Thrift Savings Plan, and

5 CFR 839.101(b)(4)(4) Payment of certain out-of-pocket expenses that are a direct result of a retirement coverage error.