1. LawStack
  2. Title 5 - Administrative Personnel
  3. Chapter I - OFFICE OF PERSONNEL MANAGEMENT
  4. Subchapter B - CIVIL SERVICE REGULATIONS
  5. Part 839 - CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
  6. Subpart L - Discretionary Actions by OPM
  7. 5 CFR § 839.1203
5 CFR § 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?
November 4, 2020
CFR

(a) The FERCCA allows OPM, in its sole discretion, to compensate you for a monetary loss that is a direct and proximate result of your retirement coverage error.

(b) Monetary losses include payments of additional Social Security taxes, payment of additional retirement deductions, and other out-of-pocket expenses that you incurred because of a retirement coverage error.

(c) You must substantiate your claim for losses with any evidence that supports your request.

(d) OPM cannot pay you for:

(1) Claimed losses related to forgone contributions and earnings under the TSP, other than lost earnings on make-up contributions to the TSP as provided in subpart J of this part; and

(2) Claimed losses related to any other investment opportunities.

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

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