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 E - Retirement Coverage Elections for Errors That Were Previously Corrected
  7. Topic - Moved Out of FERS
  8. 5 CFR § 839.511
5 CFR § 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?
November 4, 2020
CFR

An employee who was erroneously placed in FERS during a time when the employee should have had an opportunity to elect FERS is allowed to keep the erroneous FERS coverage. If the employee was given an opportunity to remain in FERS, then the employee is disqualified from making an election of retirement coverage under the FERCCA (see §839.221). If you were not allowed to remain in FERS and were placed in CSRS due to a qualifying retirement coverage error, you may elect FERS or remain in CSRS. If you were not allowed to remain in FERS and were placed in CSRS Offset due to a qualifying retirement coverage error, you may elect FERS or remain in CSRS Offset. If you were not allowed to remain in FERS and were placed in Social Security-Only due to a qualifying retirement coverage error, you may elect FERS or remain in Social Security-Only. This is summarized in the following chart:

Open Table
You were in: And your coverage was previously
corrected to: 		You may elect:
FERS CSRS CSRS or FERS.
FERS CSRS Offset CSRS Offset or FERS.
FERS Social Security-Only Social Security-Only or FERS.

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