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Federal Erroneous Retirement Coverage Corrections Act

Erroneously in FERS


 

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. 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 Expenses for more information.

I should have been CSRS. Instead, I paid into Social Security. What happens to the Social Security taxes I paid when my agency corrects my retirement coverage to CSRS?

Except for the last 3 years, the money you erroneously paid into Social Security will remain to your credit in the Social Security fund. The Social Security Administration will include all but those last 3 years in determining your eligibility for, and the amount of, future benefits.

The amount you paid into Social Security for the last 3 years will be transferred to your account in the Civil Service Retirement fund. Your employing agency will pay all additional retirement contributions owed for your CSRS time. It may not go back and bill you for additional retirement deductions when it corrects the error.

I was incorrectly placed in FERS after December 31, 1986, and was given the opportunity to elect to stay in FERS or to be corrected to CSRS Offset -- what I should have been covered under. I failed to make an election and I remain covered by FERS. Is this coverage correct?

Yes, since you chose not to respond, you continue to be covered by FERS and your coverage is correct. There is no error in your retirement coverage and you do not have an opportunity to change your election under FERCCA.