Federal Erroneous Retirement Coverage Corrections Act (FERCCA)

Table of Contents: Frequently Asked Questions

General

• What is FERCCA?
• How can FERCCA help me?
• What is CSRS?
• What is FERS?
• What is CSRS Offset?
• What is Social Security-Only?
• Are there many employees in the wrong retirement plan?
• I received a Letter of Eligibility stating that there was an error in my retirement coverage. The Letter says something about being placed in "transitional retirement coverage" during 1984 to 1986. What does the term mean?
• I am registered in the FERCCA Database and I am waiting to hear if I am eligible for relief under FERCCA. Does registration in the Database exclude me from being eligible for the Voluntary Separation Incentive Program (VSIP)?

Determining if You are in the Right Retirement Plan

• How do I know which retirement system I'm in now?
• How do I know if I am in the wrong retirement plan?
• What if I don't fit into any of the above situations?
• Where can I get help in making sure I'm in the right retirement plan?
• I don't know where my Human Resources office is and I need help figuring out if I'm in the right retirement plan. What should I do?
• I received a Letter of Ineligibility from OPM that states my retirement coverage is correct and no error exists. The letter cites my having less than 5 years of creditable civilian service as of December 31, 1986. What is so important about having 5 years of creditable civilian service and how is creditable civilian service defined?
• In the preceding question, you refer to a length of separation (break in service). What is the length of separation that determines if an individual retains CSRS or CSRS Offset coverage?
• If an employee elected FERS coverage, or was correctly covered automatically under FERS, can the individual ever have CSRS or CSRS Offset coverage again?
• I just returned to work for the government and received a term appointment. I was put under Social Security only (FICA) for my retirement coverage. Since I previously had over 15 years of service under CSRS, shouldn't my retirement coverage be CSRS or CSRS Offset?

Eligibility Under FERCCA

• Does FERCCA affect me?
• Can I still qualify under FERCCA if I already retired or separated from the Government?
• Do survivors get an election under FERCCA?

Elections Under FERCCA

• What elections can I make under FERCCA?
• Are there any employees with retirement coverage errors who don't get a choice under FERCCA?
• 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?
• Do survivors get an election under FERCCA?
• I think I'm eligible to make an election under FERCCA. Are there any time limits for making the election?
• Is FERCCA like an Open Season for retirement coverage elections?
• 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?
• 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?
• 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?
• How do I make an election? Will someone be available to help me decide what to do?
• Will changing my retirement plan cost me any money?

Thrift Savings Plan

• What is the TSP?
• What are TSP make-up contributions?
• What are lost earnings?
• Does FERCCA change anything about make-up TSP contributions and lost earnings?
• What happens to my TSP account when my error is corrected?
• If I leave 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?
• 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?
• 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?
• Will changing my retirement plan cost me any money?
• Has the Federal Retirement Thrift Investment Board issued any new regulations because of FERCCA?
• Where can I get more information about the Thrift Savings Plan?
• If I move to FERS under FERCCA, how will my TSP make-up contributions be invested?
• I'm eligible for relief under FERCCA and one of my options will be to choose FERS coverage. Will I be able to make makeup contributions to the TSP in a lump sum?

Social Security

• What about errors in Social Security coverage? Does FERCCA give me a choice about Social Security?
• I worked for a number of years during which I should have been paying into Social Security, but I only paid into CSRS. Can I get any Social Security credit for that work? And, if so, how much will it cost me?
• 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?
• My agency corrected my records from CSRS to CSRS Offset. Wouldn't I have been better off if I could have stayed in CSRS?
• How long do I need to work to become eligible for Social Security retirement benefits?
• What is the earliest age I can begin receiving Social Security retirement benefits?
• How are my Social Security retirement benefits calculated?
• Where can I get more information about Social Security benefits?
• I retired under CSRS, which is the correct retirement coverage for me. Why am I affected by Government Pension Offset?
• Is the Windfall Elimination Provision the same as Government Pension Offset?

Service Credit

• I worked for the Government before I came under a retirement plan. I made payments to OPM so I could get retirement credit for that time. If I change retirement plans under FERCCA, what happens to those payments?
• I was in the military. I made payments to my agency so I could get retirement credit for my military service. If I change retirement plans under FERCCA, what happens to those payments?
• I was in CSRS. That was a mistake. I belonged in FERS. My agency corrected my retirement coverage to FERS a while ago. Under FERCCA, I can choose between FERS and CSRS Offset. If I choose CSRS Offset, the deposit I owe for the time I worked before I came under a retirement plan will be a lot greater than what I owe under FERS. Can I get credit for that time by taking an actuarial reduction?
• What is an actuarial reduction?
• I'm retiring soon and I owe a deposit for the time I worked before I came under a retirement plan. How much I owe depends upon which retirement plan I choose. My agency told me to wait until I choose retirement plans before paying a deposit. I don't want to pay more interest on my deposit then I have to. What should I do?
• I'm retiring. My agency says I'm in the wrong retirement plan. Under FERCCA I'll be able to choose which retirement plan I want. I need to pay my military deposit before I leave. My agency doesn't know whether to compute a CSRS or FERS military deposit. What do I do?

Current Employees

• I work for the Government and know I'm in (or was in) the wrong retirement plan. What do I do now?
• I'm in the wrong retirement plan. My agency hasn't corrected my records. Is there anything that my agency should be doing now to correct the error?
• I am a current employee and recently received a copy of my Letter of Ineligibility. I noticed that OPM sent this letter to my agency who sent a copy to me with a decision letter stating there is no retirement coverage error in my case. Why was the letter sent to my agency and not directly to me?
• I am a current employee. Once I sign and return the Election Form enclosed in the Election Option Package, who is responsible for implementing my election and correcting my records?

Retirees

• Does FERCCA affect me?
• I am retired from the Government, but I was in the wrong retirement plan during my employment. What do I do now?
• 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?
• 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?
• If I'm retired from the Government, can I still get lost earnngs on make-up contributions I made when my agency fixed the retirement error and put me in 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?
• 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?
• 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?
• 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?
• 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?
• 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?
• 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?
• 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?
• 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?
• 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?
• 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?
• 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?

Survivors

• Do survivors get an election under FERCCA?
• I'm a widow of a Federal employee who was in the wrong retirement plan. When my husband died, the retirement coverage was FERS and I received a lump sum benefit based in part on his final salary. Do I have to pay that back before I can elect CSRS Offset?
• What is an actuarial reduction?
• I am eligible to make an election under FERCCA. Can I make the election if my former spouse is entitled to a portion of my retirement benefits by court order?
• If a deceased employee's survivors include both a current spouse and a former spouse, or spouses, who are eligible for survivor annuities, must all of them consent to an election of FERS?

Separated Employees

• I no longer work for the Government, but I was in the wrong retirement plan during my employment. What do I do now?
• I separated and applied for a refund of my CSRS retirement deductions. I found out that I should have been in CSRS Offset instead of CSRS and didn't get my full refund. Can FERCCA help me?
• 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?
• 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?
• If I leave 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?
• After recently separating from the Federal Government, I applied for and received a refund of my retirement contributions. Accompanying the refund check was a letter stating that I may have been in the wrong retirement system. How do I find out if my retirement coverage was correct?
• I know that the FERCCA legislation applies to active employees, retirees, and survivors, but what about separated employees?

Soon to be Retired

• After I retire from the Federal Government, will I have the same options under FERCCA that I would have had as an active employee?
• 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?
• 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?
• 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?
• 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?
• 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?
• 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?

Soon to be Separated

• I'm leaving the Government, but I was in the wrong retirement plan during my employment. What do I do now?
• My agency told me I have a choice of retirement plans under FERCCA. I'm leaving the Government soon. If I take a refund of my FERS retirement deductions, do I still get to choose?
• My agency told me I have a choice of retirement plans under FERCCA. I'm leaving the Government soon. If I take a refund of my CSRS Offset retirement deductions, do I still get to choose?
• If I leave 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?
• I registered in the FERCCA Database but may be subject to a RIF in the near future. How will this affect the processing of my case?

Erroneously Put 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?
• 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?
• 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?

Erroneously Put in CSRS

• My agency corrected my records from CSRS to CSRS Offset. Wouldn't I have been better off if I could have stayed in CSRS?
• I worked for a number of years during which I should have been paying into Social Security, but I only paid into CSRS. Can I get any Social Security credit for that work? And, if so, how much will it cost me?
• I have always had CSRS coverage. Now my agency tells me that when I returned to work in 1988, I should have had both CSRS and Social Security coverage, as a CSRS Offset employee. I'm 62 now and ready to retire. How will this error affect my benefits?
• I separated and applied for a refund of my CSRS retirement deductions. I found out that I should have been in CSRS Offset instead of CSRS and didn't get my full refund. Can FERCCA help me?
• I was in CSRS. That was a mistake. I belonged in FERS. My agency corrected my retirement coverage to FERS a while ago. Under FERCCA, I can choose between FERS and CSRS Offset. If I choose CSRS Offset, the deposit I owe for the time I worked before I came under a retirement plan will be a lot greater than what I owe under FERS. Can I get credit for that time by taking an actuarial reduction?
• My qualifying retirement coverage error started when I should have been placed in FERS automatically on 1/1/87, but my agency erroneously put me in CSRS because I had some past service. If I elect FERS, will I get a CSRS component in my FERS annuity for the service before the error?

Erroneously Put in CSRS Offset

• 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?
• I was in CSRS Offset. That was a mistake. I belonged in FERS. My agency corrected my retirement coverage to FERS a while ago. Under FERCCA, I can choose between FERS and CSRS Offset. If I choose CSRS Offset, the deposit I owe for the time I worked before I came under a retirement plan will be a lot greater than what I owe under FERS. Can I get credit for that time by taking an actuarial reduction?

Out of Pocket Claims

• My retirement coverage error was corrected before FERCCA became law. I had to pay for things that are now covered under FERCCA. Is there any way I can recover the money I paid?
• What kind of out-of-pocket expense will OPM reimburse?
• I understand that the Guidelines for reimbursement of out-of-pocket expenses incurred as a result of correcting retirement coverage errors are in the final stages of preparation. How will the Guidelines be made available?

Implementation of FERCCA

• How is OPM going to implement FERCCA?
• How do I make an election? Will someone be available to help me decide what to do?
• How long will it be before OPM contacts me?
• I'm in the wrong retirement plan. My agency hasn't corrected my records. Is there anything that my agency should be doing now to correct the error?
• I am a retiree registered in the FERCCA Database and recently received a letter from OPM informing me that I am ineligible for relief under FERCCA. The letter also included a form that I could fill out and send to the Merit Systems Protection Board (MSPB) to appeal the decision. What is the MSPB and what does it have to do with FERCCA?
• I received a letter from OPM stating that I am eligible for relief under FERCCA but a counselor still has not contacted me. When will a counselor contact me?
• Once KPMG receives my file/Official Personnel File (OPF) for review, how long does it take, on average, to review a case?
• Why does KPMG need my Official Personnel File (OPF) or a copy of my OPF to conduct the review?
• I received a letter from OPM stating that there is no error in my retirement coverage and I have 30 days to file an appeal with the Merit Systems Protection Board (MSPB), if I choose to do so. Is that 30 calendar days or 30 working days?
• I registered in the FERCCA Database several months ago and still have not been contacted by a counselor. When will a counselor contact me?
• What are the time limits for making a FERCCA election?
• What happens in the review process if an OPF is incomplete or documentation that could affect a determination of erroneous retirement is missing?
• I received a letter stating that I am ineligible for relief under FERCCA but the letter also states that I should wait to be contacted by my agency HR Office. What should I do if I am not contacted by my HR Office?
• When checking on the status of my case under FERCCA, I was informed that the review of my case was suspended because some documentation was missing from my Official Personnel Folder (OPF). Is there any limit on the time my agency has to supply the missing documentation so that the review of my case can continue?
• I received a Letter of Eligibility but the FERCCA regulations require that I be corrected to a retirement system without having a choice. Why then do I have to wait to receive an Information Package to implement the correction?
• How is the estimated annuity benefit computed in the Election Option Package if I elect CSRS? CSRS Offset? or FERS?

Information for Human Resources Office Personnel

• Which types of retirement coverage errors can we process?
• I work in an agency human resources office and I added many employee names to the FERCCA File Database. How do I know if the employees are correctly listed in the database?
• I work in an agency Human Resource office. Recently, while processing the personnel file of an employee who died, I noticed that the individual had the wrong retirement coverage. Should I register the individual in the FERCCA Database under his name and Social Security number or register his wife, as his survivor, using her name and Social Security number?
• I work in an agency Human Resources Office and we have registered several employees in the FERCCA Database over the past few months. We just discovered that one of the individuals should not have been registered. How do we go about having the individual's name removed from the Database?
• I work in a Human Resource office and have an employee with an obvious retirement coverage error that has been in effect for the last 5 years. Am I obligated to enter this individual in the FERCCA Database if she says that she wants her retirement coverage to stay just as it is?

Information for Payroll Office Personnel

• Which types of retirement coverage errors can we process?