What elections can I make under FERCCA?

*If you already had this choice, you do not have an opportunity to change your election under FERCCA. See the question, My agency put me in FERS by mistake. When it discovered the error, my agency let me choose whether I wanted to remain in FERS. Do I get another choice under FERCCA? for an explanation.

Are there any employees with retirement coverage errors who don't get a choice under FERCCA?

Yes. FERCCA does not give you a choice about your retirement plan if:

You also do not have a choice about your retirement coverage if:

I'm retired from the Federal government, but my agency changed my retirement plan before I retired because of an error. Can I still make an election?

Retirees have the same choices under FERCCA that active employees have.

Do survivors get an election under FERCCA?

If an employee, former employee, or retiree would have had a choice under FERCCA but died before making an election, then the survivor can make that election instead.

I think I'm eligible to make an election under FERCCA. Are there any time limits for making the election?

If your retirement coverage error was corrected in the past, you have until September 19, 2002, to make your election. Your agency and OPM have the authority to waive this deadline.

If you are currently in the wrong retirement plan, you must receive written notice of the error and of your options under FERCCA. If you qualify to choose another retirement plan, you have 6 months from the date you are notified of the error to make your election.

Is FERCCA like an Open Season for retirement coverage elections?

No, FERCCA is not an Open Season. Most employees are unaffected by FERCCA because they were never put in the wrong retirement plan. If you were ever put in the wrong retirement plan, please see the questions under Eligibility to see whether FERCCA applies to you.

I was put in FERS by mistake. When my agency discovered the error, they let me choose whether I wanted to stay in FERS. Do I get another choice under FERCCA?

No, you don't get a second choice.

Certain employees who were put in FERS by mistake could choose to stay in FERS when the agency discovered the error. We call this a "deemed FERS election". If they declined FERS, the agency placed them in the correct retirement plan (CSRS, CSRS Offset, or Social Security only). If you already had this opportunity to choose between FERS and CSRS, CSRS Offset, or Social Security-only; then FERCCA does not give you an opportunity to change your decision.

FERCCA may help you, however. If you worked for the Government before you came under a retirement plan, you may be able to get retirement credit for that service by taking an actuarial reduction in your retirement benefit instead of having to pay a deposit. The same may be true for any military service you have. See the questions under the heading Service Credit for more information.

Also, if you were in FERS for at least 3 years of service before your agency gave you an opportunity to stay in FERS or have your records corrected, OPM may compensate you for any out-of-pocket expenses you incurred because of the error. See the questions under the heading Out of Pocket Claims for more information.

I belonged in FERS. My agency discovered the mistake and corrected my records. I withdrew my TSP contributions. Can I now make an election under FERCCA?

It depends on when you withdrew your TSP contributions and the kind of withdrawal you made.

You can make an election under FERCCA if you:

I belonged in FERS. My agency discovered the mistake and corrected my records. I separated and withdrew my FERS retirement contributions. Can I now make an election under FERCCA?

No, you can't elect to change your FERS retirement coverage if you took a refund of all FERS retirement deductions.

How do I make an election? Will someone be available to help me decide what to do?

In the coming months, OPM will be providing agencies and employees with detailed information about FERCCA, the different retirement plans, and how you make an election.

OPM wants to make sure that you receive complete counseling about your options before you make your election. Once you make your election, you cannot change it. OPM will contact you and provide you with detailed information regarding your options under FERCCA. For example, you will know how much you can expect to receive under each retirement plan, including Social Security and Thrift Savings Plan benefits. You do not have to make an election until you have had the opportunity to ask all questions you have about your retirement benefits.

We at OPM realize that some of you may be postponing retirement or other major events until your retirement coverage error is resolved. While we will provide election information and benefits counseling as soon as possible, we will make special provisions for those individuals who need to make an election immediately.

Will changing my retirement plan cost me any money?

Unless you choose FERS, there is no additional cost to you. If you choose FERS, you will only incur additional costs if you decide to make additional TSP contributions (known as make-up contributions). These are contributions that you could have made if you had been correctly covered by FERS. Of course, you're the one who chooses how much additional contributions you want to make.

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