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Electronic Code of Federal Regulations

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e-CFR Data is current as of April 17, 2014

TITLE 5—Administrative Personnel

CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)

SUBCHAPTER B—CIVIL SERVICE REGULATIONS (CONTINUED)

PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT

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Subpart A—GENERAL PROVISIONS

§839.101
What is the Federal Erroneous Retirement Coverage Corrections Act?
§839.102
Definitions.
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Subpart B—ELIGIBILITY

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?

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?

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?

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?
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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?
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Subpart D—RETIREMENT COVERAGE ELECTIONS FOR ERRORS THAT WERE NOT PREVIOUSLY CORRECTED

Erroneous CSRS or CSRS Offset

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

Erroneous FERS

§839.411
What can I elect if I was put in FERS by mistake?
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Subpart E—RETIREMENT COVERAGE ELECTIONS FOR ERRORS THAT WERE PREVIOUSLY CORRECTED

Moved Out of CSRS or CSRS Offset

§839.501
What can I elect if my employer moved me 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?
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Subpart F—MAKING AN 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?

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?
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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?
§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?
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Subpart H—ADJUSTING RETIREMENT DEDUCTIONS AND CONTRIBUTIONS

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?

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?
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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?
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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?
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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?
§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?

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?
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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?
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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?


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