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Federal Erroneous Retirement Coverage Corrections Act

Retirees


 

Does FERCCA affect me?

Yes, if you were in the wrong retirement plan for at least 3 years of service AFTER December 31, 1986.

It does not matter that your agency may have already corrected the error or that you have retired or no longer work for the Government. As long as the error was in effect for at least 3 years of your Federal service after December 31, 1986, then you may benefit from FERCCA.

I am retired from the Government, but I was in the wrong retirement plan during my employment. What do I do now?

If you believe you are eligible under FERCCA, you should contact a member of the OPM FERCCA Implementation team at 202-606-2048. You will be asked some preliminary information to assess your potential eligibility, however, a final determination can not be made until your Official Personnel Folder (OPF) is reviewed. You will be notified of your eligibility in writing.

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 retirement plan choices under FERCCA that active employees have.

Before I retired, my agency changed my retirement plan to FERS to correct an error. If I choose CSRS Offset, do I have to pay back the money my agency put in my Thrift Savings Plan (TSP) account?

When your agency corrected your retirement coverage to FERS, it also should have contributed make-up agency contributions and lost earnings on those contributions to your TSP account.

If you now choose CSRS Offset, no adjustments will be made to your TSP account. Instead, OPM will find out how much of your TSP account is based on what your agency contributed (this includes the earnings on those contributions). That dollar amount will form the basis for an actuarial reduction in your CSRS Offset retirement benefit.

If I'm retired 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 in FERS and retired on an MRA + 10 retirement. Under FERCCA, I have a choice between CSRS Offset and FERS. Can I still make that choice as a retiree?

You'll have a choice, but the fact that you are retired limits 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. As a retiree, your choice would be to stay in FERS with an MRA + 10 retirement, or choose CSRS Offset and wait until age 62 to receive a deferred retirement.

I'm retired and I'm in the wrong retirement plan. I've had some serious health problems recently. 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. Contact OPM directly by calling us toll free at 1-888-689-3233, or email us at FERCCA@opm.gov.

I was registered in the FERCCA Database when I retired several months ago and began receiving an interim annuity. Is it standard practice to put individuals on an interim annuity when they retire or am I on an interim annuity because I am registered in the Database?

Interim payments provide you with income until OPM processes your retirement application. It is standard practice to do so. These payments are usually made in four days or less, on the first business day of each month and generally average more than 85 percent of your final benefit. Interim payments can only be authorized if your records clearly show that you are eligible to retire.

I retired under CSRS and recently returned to work for the Federal Government. My CSRS retirement benefit continued, but the salary from my job is being reduced by the amount of my retirement benefit. My agency put me under FERS when it hired me. I received a Letter of Eligibility stating that my agency made a mistake. Can you explain this?

Generally, when a retired employee returns to work for the Federal Government under conditions that do not terminate the retirement benefit, the employee should be covered under the same retirement plan he or she had at retirement. Since you retired under CSRS, you should have retained your CSRS coverage upon reemployment. (However, if you received an appointment as a Senior Official, you would be subject to automatic Social Security coverage and your retirement coverage would be CSRS Offset.)

A CSRS or CSRS Offset retiree who is reemployed with the Federal Government may elect to join FERS within 6 months of the reemployment if the time between retirement and reemployment is more than 4 days and if the reemployment is under an appointment that is not excluded from FERS.

There is a special rule relating to retirement deductions for CSRS and CSRS Offset retirees who return to work under conditions that do not terminate the annuity. Although such an individual would be covered under CSRS or CSRS Offset, retirement deductions would not be withheld from the individual's salary unless the individual elected to have the deductions withheld.

I'm retired and registered in the FERCCA Database. I was getting interim pay but I recently received a notice and booklet telling me my annuity has been processed. Does this mean I won't have an election under FERCCA?

Please be assured that the processing of your retirement case will not affect any FERCCA election opportunities or benefits to which you are entitled. Unfortunately, the record collection and preparation of decision packages is taking longer than we anticipated. We decided to process the retirement cases of people in the database so we can pay you the full annuity under the retirement system that you were in when you retired.

I am a retiree who received a Letter of Eligibility and am now waiting for my Election Summary Package. Is OPM giving priority to retirees in this stage of the error correction process?

Yes, retirees will continue to receive first priority since for many retirees and survivors, an election under FERCCA means a significant immediate increase in their annuities.

If I am a retiree and have the option of correcting my retirement coverage to FERS, will I be allowed to make make-up contributions to the TSP?

TSP make-up contributions may only be made through payroll deductions while you remain employed with the Government. Make-up contributions cannot be made after you retire.

I know that the Official Personnel Files (OPFs) of current employees are required to make a determination of a retirement coverage error. What records are reviewed for annuitants who are registered in the Database?

The same records that are required for employees are required for retirees. The OPFs for retirees are obtained from the National Personnel Records Center (NPRC) in St. Louis, MO. Additionally, the retiree's retirement case file is used in the FERCCA determination process.

I am retired. If I elect to change my retirement coverage under FERCCA, can I change the election I originally made at retirement for survivor benefits?

Yes, all annuitants who elect to change retirement coverage under FERCCA will have the opportunity to change the election they initially made at retirement for survivor benefits. Keep in mind that the same rules apply now as they did at retirement concerning your survivor benefit election. That is, if you are married and elect less than the maximum survivor benefit for your spouse, your spouse must agree to that election.

As a retiree, will I receive an interest payment on any differences between my old retirement annuity rate and the new retirement rate due me under FERCCA?

Yes, a recent decision by OPM has authorized payment of interest under FERCCA for retirees. Retirees who have the opportunity to make an election under FERCCA and who elect a retirement plan that increases their annuity will be paid interest on the difference between the two rates. The interest will be retroactive to April 1, 2001, and will be paid up through the current date. The interest will be paid at the variable Treasury rate.

I am a retiree. If I elect to change my retirement coverage under FERCCA, can I change my decision about making a deposit or redeposit for civilian or military service?

Yes, with a new retirement election, you (or your survivor) will have a new opportunity to decide whether to pay any deposits or redeposits.

I am a retiree and eligible to change my retirement coverage from FERS to CSRS Offset under FERCCA. If I do so, I'll owe a larger deposit for my military and civilian service. Will I have to pay the additional deposit or will OPM actuarially reduce my annuity?

You have a choice. When you owe more money than you thought you had to pay (for example, when you were covered under FERS you owed a smaller deposit than what you will owe by electing CSRS or CSRS Offset) you can either choose to pay the additional deposit amount in full, or OPM will actuarially reduce your annuity.