Federal Erroneous Retirement Coverage Corrections Act

Implementation of FERCCA

How is OPM going to implement FERCCA?

We at OPM have set up a plan to help everyone who is entitled to relief by FERCCA. The plan includes:

• Identifying individuals and adding their names to the FERCCA File Database (See the question What is the FERCCA File Database?);
• Gathering information on those individuals from personnel and payroll records and other sources;
• Verifying options under FERCCA; and
• Helping individuals who have a choice of retirement plans make informed decisions

Our goal is to ensure that everyone receives the same high level of customer service. If you have a choice of retirement plans under FERCCA, you'll receive an in-depth comparison of your benefits under each option. The comparison will include how much you can expect to receive under each retirement plan, including Social Security and Thrift Savings Plan benefits. We will provide you with an opportunity for one-on-one personal assistance to help you weigh your options. This individual assistance will be available to anyone who has a choice of retirement plans under FERCCA.

We are working with agencies to implement this high level of service as quickly as possible. Agencies are busy identifying eligible individuals. We have also started the second step, collecting personnel and payroll records.

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.

How long will it be before OPM contacts me?

We began collecting the records we need to process retiree and survivor cases in June. In most instances we will be working on your case long before you actually hear from us.

The first step in the process is to collect your service history and payroll records. After we have your records we'll carefully review all your retirement coverage determinations and verify your eligibility for relief under FERCCA. Then we'll send you a copy of the information we have and ask you to review it. We'll also ask you to give us some information in order to prepare decision information for you to use. We'll ask for things like, "When do you plan to retire?", "Do you plan to elect a survivor annuity?" Next we'll prepare a personalized decision package for you and you'll be contacted by a counselor to review the information.

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?

Your agency shouldn't do anything if your error lasted for at least 3 years of Federal service. We have asked agencies to stop processing those retirement coverage corrections until we can work out the details necessary to implement FERCCA. Please be assured that any delay in correcting your records will not adversely affect you.

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?

The MSPB is an independent quasi-judicial agency in the Executive Branch that serves as the guardian of Federal Merit Systems. Since it began operations in January 1979, its mission has been to ensure that Federal employees are protected against abuses by agency management; that Executive Branch agencies make employment decisions in accordance with Merit System principles; and that Federal Merit Systems are kept free of prohibited personnel practices. The MSPB accomplishes its mission in a variety of ways, but mainly it functions as a court and adjudicates Federal employee appeals of agency personnel actions. Consequently, the MSPB is the authority that will hear appeals on eligibility verification arising out of cases of erroneous retirement coverage.

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?

If you have received notification that you are eligible for FERCCA relief (a Letter of Eligibility), processing of your case will continue in order to develop an Election Summary package. This package will be mailed to you and followed soon thereafter by a telephone call from a counselor who will confirm that you received the package, had sufficient time to review it, and who will be prepared to answer any questions that you have about the information in the package and what the next steps are to complete the process.

Once KPMG receives my file/Official Personnel File (OPF) for review, how long does it take, on average, to review a case?

Once the review process begins, it takes about 6 weeks (on average) for a decision on the individual's eligibility and for the required quality control reviews.

Why does KPMG need my Official Personnel File (OPF) or a copy of my OPF to conduct the review?

Your OPF contains personnel documents that reflect your Federal employment history. These documents show the type of appointment, retirement coverage, changes in retirement coverage, and effective date, among other information. These four pieces of information, along with the 5-year test, are used as the basis for determining FERCCA eligibility.

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?

You must file the appeal with the MSPB within 30 calendar days after the date you receive the decision letter.

I registered in the FERCCA Database several months ago and still have not been contacted by a counselor. When will a counselor contact me?

It is important to remember that contact by a counselor will occur only after you receive a Letter of Eligibility. If you have received notification that you are eligible for relief under FERCCA (a Letter of Eligibility), processing of your case will continue in order to develop your Election Summary package. This package will be mailed to you and followed soon thereafter by a telephone call from a counselor who will confirm that you received the package and to make sure that you had sufficient time to review it. The counselor will be prepared to answer any questions that you may have about the information in the package and will explain the next steps to complete the process.

What are the time limits for making a FERCCA election?

All individuals who are registered in the FERCCA Database before September 19, 2002, will not be adversely affected by the time limits for making an election.

In general, if your qualifying retirement coverage error was previously corrected, the time limit for making an election expires on September 19, 2002. However, your employing agency or OPM (for separated employees, retirees, and survivors) can waive the time limit if it's determined that you exercised due diligence, but could not make an election within the time limit because of circumstances beyond your control. OPM will issue instructions to agencies stating that anyone registered in the FERCCA Database before September 19, 2002, will be considered to have exercised due diligence and should be granted a waiver of the time limit.

If your qualifying retirement coverage error was not previously corrected, you will have 6 months to make an election from the date you receive notice of the error and a statement of your election options.

What happens in the review process if an OPF is incomplete or documentation that could affect a determination of erroneous retirement is missing?

We will suspend processing of the case and contact the employing agency to request the missing or any related documentation. In some cases where documentation is lost or missing, the individuals who have kept copies of their records are able to supply the necessary document(s) or a valid substitute. If documentation cannot be recovered, we will work with the individual and the employing agency to develop alternative documentation.

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?

Allow a reasonable time for your agency to provide you with an official notice of the decision. If they fail to contact you in a reasonable amount of time feel free to contact them.

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?

No, there is no time limit. Everyone involved will work on collecting the missing information until it is resolved.

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?

We are currently working on procedures for making these types of corrections and anticipate that we will begin correcting them in the near future.

How is the estimated annuity benefit computed in the Election Option Package if I elect CSRS? CSRS Offset? or FERS?

No matter which retirement plan you elect, your annuity will be computed as if you were properly placed under CSRS, CSRS Offset or FERS on the effective date of your retirement coverage error. All the eligibility and benefit computation rules for the particular retirement system will apply to the calculation of your retirement benefit.

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