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Federal Erroneous Retirement Coverage Corrections Act

Soon to be Retired


 

After I retire from the Federal government, do I have the same options under FERCCA that active employees have?

Retirees have most of the same choices under FERCCA that active employees have. The primary difference is your ability to make up contributions to your TSP account.

Only active employees can make up TSP contributions, and then only through payroll deductions. If you retire, you would not be able to make up contributions to your TSP account.

I'm ready to retire, and my agency just discovered I'm in the wrong retirement plan. Shouldn't it correct my records before I retire?

We've asked agencies not to correct any retirement coverage errors they discover if the employee has been in the wrong plan for at least 3 years. We want them to leave the employee in his or her current retirement plan, place a flag on the retirement application package, so that when OPM receives it, it can be readily identified as a FERCCA case requiring special handling. We won't hold up paying your benefits until you have an opportunity to choose. We'll put you on our benefit rolls. When we have all our counselors in place, we'll give you a chance to talk to a counselor, weigh the benefits of both retirement systems, and choose the one that best fits your needs.

If I retire from the Government, can I still get lost earnings on make-up contributions I made when my agency fixed the retirement error and put me in FERS?

Yes. You can get lost earnings on the make-up contributions you already made to your TSP account, if you decide to stay in FERS. You cannot get lost earnings if you choose CSRS Offset coverage over FERS.

I'm ready to retire. My agency told me that I'm in the wrong retirement plan, but under FERCCA I can choose whether I want to stay where I am. They're leaving me in my current retirement plan until I choose. What retirement application do I complete?

Complete the retirement application for the plan you're in now. Make your decisions about survivor benefits, life insurance, paying a deposit, and others based on your current retirement coverage. Your agency will flag your retirement package to alert OPM that you fall under FERCCA. You will receive detailed information about your retirement options. If you decide to change retirement plans, we will ask you to complete a new application for retirement and make all new elections.

I'm ready to retire. Because of a coverage error, I'll be able to choose whether I want CSRS Offset or FERS retirement coverage. I hadn't planned to waive my military retired pay under FERS. Under CSRS Offset, giving up my military retired pay to get credit for my military service would make a big difference in my CSRS retirement. If I retire now under FERS and later choose CSRS Offset, can I go back and waive my military retired pay?

You'll be able to make all new elections, if you choose CSRS Offset coverage. If you decide to waive your military retired pay, you will be able to waive it back to your retirement date. Also, you'll have an opportunity to pay the military deposit. Since you owed a FERS military deposit when you were in FERS and would owe a larger CSRS deposit if you choose CSRS Offset coverage, you can take an actuarial reduction in your annuity instead of paying the CSRS military deposit. The actuarial reduction is based on the amount of military deposit you owe and your age at retirement.

Before you're asked to choose retirement plans, OPM will give you information about your benefits under both CSRS Offset and FERS. They will tell you how much your military deposit is under both. They will also explain how payment of a military deposit and the actuarial reduction will affect your benefit.

I'm in FERS and plan to retire on an MRA + 10 retirement soon. Under FERCCA, I will have a choice between CSRS Offset and FERS. If I retire, will I still have that choice?

You'll have a choice, but by leaving, you limit your options considerably. That's because MRA + 10 retirements are unique to FERS. You may not be eligible to retire under CSRS, where you need 30 years of service to retire at 55. If you leave Government, your choice would be to stay in FERS and take an MRA + 10 retirement that can begin immediately, or choose CSRS Offset and wait until age 62 to receive a deferred retirement.

I'm retiring and I'm in the wrong retirement plan. My agency says I have a choice of retirement plans under FERCCA. It will be a while before OPM's counselors can contact everyone affected by FERCCA. I've had some serious health problems recently. I'm concerned about my wife and family. What will happen if I die before making a choice?

Your widow will be able to make the same choices that you would have been able to make.

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. If you are still working, let your agency know, and it will contact OPM. If you have already retired, contact OPM directly by calling us toll free at 1-888-689-3233, or email us at FERCCA@opm.gov.