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Part 839 — Correction of Retirement Coverage Errors Under the Federal Erroneous Retirement Coverage Corrections Act
71 sections. Open any section to read it with its amendment history and the documents that cite it.
Subpart A—General Provisions
Subpart B—Eligibility
- § 839.201 Do these rules apply to me?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.212 May I make a retirement coverage election if I received a refund of my retirement deductions after I was corrected to FERS?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.231 Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.242 Do these rules apply to me if I had multiple errors?amended 2017-01-01
Subpart C—Employer Responsibility to Notify Employees
- § 839.301 What should I do if I am not sure whether I am or was in the wrong retirement plan?amended 2017-01-01
- § 839.302 Will my employer give me a written explanation?amended 2017-01-01
- § 839.303 Is my employer required to find employees with a retirement coverage error?amended 2017-01-01
- § 839.304 What if my employer does not notify me?amended 2017-01-01
Subpart D—Retirement Coverage Elections for Errors That Were Not Previously Corrected
Subpart E—Retirement Coverage Elections for Errors That Were Previously Corrected
Subpart F—Making an Election
- § 839.601 How do I make an election?amended 2017-01-01
- § 839.602 What if I don't make an election?amended 2017-01-01
- § 839.603 Can I later change my election?amended 2017-01-01
- § 839.604 When is my election effective?amended 2017-01-01
- § 839.611 What are the time limits for making an election?amended 2017-01-01
- § 839.612 Can I make a belated election?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.623 If I decide to keep the FERS election in effect, may I change the effective date of the FERS election?amended 2017-01-01
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?amended 2017-01-01
- § 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?amended 2017-01-01
Subpart H—Adjusting Retirement Deductions and Contributions
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.821 Who is responsible for correcting my records?amended 2017-01-01
- § 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?amended 2017-01-01
Subpart I—Social Security Taxes
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.903 What happens to the Social Security taxes I erroneously paid when my employer corrects my retirement coverage to CSRS?amended 2017-01-01
Subpart J—Lost Earnings for Certain Make-up Contributions to the TSP
- § 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?amended 2017-01-01
- § 839.1002 Will OPM compute the lost earnings if my qualifying retirement coverage error was previously corrected and I made TSP make-up contributions?amended 2017-01-01
- § 839.1003 How will OPM compute the amount of lost earnings?amended 2017-01-01
- § 839.1004 Are lost earnings payable if I separated or if the employee died?amended 2017-01-01
Subpart K—Effect of Election
- § 839.1101 How are my retirement benefits computed if I elect CSRS or CSRS Offset under this part?amended 2017-01-01
- § 839.1102 How are my retirement benefits computed if I elect FERS under this part?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.1114 Will OPM actuarially reduce my benefit if I elect to change my retirement coverage under these rules?amended 2017-01-01
- § 839.1115 What is an actuarial reduction?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.1118 Will my annuity be actuarially reduced because I had Government contributions in my TSP account?amended 2017-01-01
- § 839.1119 How is the actuarial reduction for TSP computed?amended 2017-01-01
- § 839.1121 What is the Actuarial Reduction for the Basic Employee Death Benefit (BEDB)?amended 2017-01-01
- § 839.1122 Does receipt of a one-time payment of retirement contributions as a death benefit prevent me from electing CSRS Offset?amended 2017-01-01
Subpart L—Discretionary Actions by OPM
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 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?amended 2017-01-01
- § 839.1204 On what basis will OPM review claims under this subpart?amended 2017-01-01
- § 839.1205 Does the Director of OPM review the claims?amended 2017-01-01
- § 839.1206 How do I submit a claim under this subpart?amended 2017-01-01
Subpart M—Appeal Rights
- § 839.1301 What if my employer determines my error is not subject to these rules?amended 2017-01-01
- § 839.1302 What types of decisions can I appeal?amended 2017-01-01
- § 839.1303 Are there any types of decisions that I cannot appeal?amended 2017-01-01
- § 839.1304 Is there anything else I can do if I am not satisfied with the way my error was corrected?amended 2017-01-01