Subpart A - General Provisions

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

§ 839.102 - Definitions.

Subpart B - Eligibility

Court-Ordered Benefits for Former Spouses

§ 839.231 - Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order?

§ 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?

General Provisions

§ 839.201 - Do these rules apply to me?

Election Opportunity

§ 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?

§ 839.212 - May I make a retirement coverage election if I received a refund of my retirement deductions after I was corrected to FERS?

§ 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?

§ 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?

§ 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?

Elections

§ 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?

§ 839.242 - Do these rules apply to me if I had multiple errors?

Previous Election Opportunity

§ 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?

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?

§ 839.302 - Will my employer give me a written explanation?

§ 839.303 - Is my employer required to find employees with a retirement coverage error?

§ 839.304 - What if my employer does not notify me?

Subpart D - Retirement Coverage Elections for Errors That Were Not Previously Corrected

Erroneous FERS

§ 839.411 - What can I elect if I was put in FERS by mistake?

Erroneous CSRS or CSRS Offset

§ 839.401 - What can I elect if I was put in CSRS or CSRS Offset by mistake?

Subpart E - Retirement Coverage Elections for Errors That Were Previously Corrected

Moved out of FERS

§ 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?

Moved out of CSRS or CSRS Offset

§ 839.501 - What can I elect if my employer moved me out of CSRS or CSRS Offset?

Subpart F - Making an Election

FERS Elections

§ 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?

§ 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?

§ 839.623 - If I decide to keep the FERS election in effect, may I change the effective date of the FERS election?

General Provisions

§ 839.601 - How do I make an election?

§ 839.602 - What if I don't make an election?

§ 839.603 - Can I later change my election?

§ 839.604 - When is my election effective?

Time Limits

§ 839.611 - What are the time limits for making an election?

§ 839.612 - Can I make a belated election?

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?

§ 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?

Subpart H - Adjusting Retirement Deductions and Contributions

Records Correction

§ 839.821 - Who is responsible for correcting my records?

§ 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?

Employee Retirement Deductions

§ 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?

§ 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?

§ 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?

§ 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?

Employer Retirement Contributions

§ 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?

§ 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?

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?

§ 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?

§ 839.903 - What happens to the Social Security taxes I erroneously paid when my employer corrects my retirement coverage to CSRS?

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?

§ 839.1002 - Will OPM compute the lost earnings if my qualifying retirement coverage error was previously corrected and I made TSP make-up contributions?

§ 839.1003 - How will OPM compute the amount of lost earnings?

§ 839.1004 - Are lost earnings payable if I separated or if the employee died?

Subpart K - Effect of Election

General Provisions

§ 839.1101 - How are my retirement benefits computed if I elect CSRS or CSRS Offset under this part?

§ 839.1102 - How are my retirement benefits computed if I elect FERS under this part?

§ 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?

Survivor Benefits

§ 839.1121 - What is the Actuarial Reduction for the Basic Employee Death Benefit (BEDB)?

§ 839.1122 - Does receipt of a one-time payment of retirement contributions as a death benefit prevent me from electing CSRS Offset?

Retirees and Survivors

§ 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?

§ 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?

§ 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?

§ 839.1114 - Will OPM actuarially reduce my benefit if I elect to change my retirement coverage under these rules?

§ 839.1115 - What is an actuarial reduction?

§ 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?

§ 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?

§ 839.1118 - Will my annuity be actuarially reduced because I had Government contributions in my TSP account?

§ 839.1119 - How is the actuarial reduction for TSP computed?

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?

§ 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?

§ 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?

§ 839.1204 - On what basis will OPM review claims under this subpart?

§ 839.1205 - Does the Director of OPM review the claims?

§ 839.1206 - How do I submit a claim under this subpart?

Subpart M - Appeal Rights

§ 839.1301 - What if my employer determines my error is not subject to these rules?

§ 839.1302 - What types of decisions can I appeal?

§ 839.1303 - Are there any types of decisions that I cannot appeal?

§ 839.1304 - Is there anything else I can do if I am not satisfied with the way my error was corrected?