Federal Erroneous Retirement Coverage Corrections Act

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?

If you are separated from the Federal Government and you believe you are eligible under FERCCA, you should contact your former Federal agency's Human Resources Office. OPM works with representatives from your former agency to provide guidance in determining an employee's eligibility for relief under FERCCA. 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 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?

FERCCA does not give you a choice about Social Security coverage. If you should have had Social Security coverage during your Federal employment, then you must have Social Security coverage in addition to your Federal retirement coverage. You have no choice. If your agency incorrectly put you in CSRS when it should have put you in CSRS Offset, it must correct your retirement coverage to CSRS Offset. You will not be able to get the full amount of the refund you were expecting.

Your previous agency should have sent the Social Security Administration a record of your earnings during all the years you should have had Social Security coverage. All of the CSRS contributions you made during those years that are not needed to cover your retirement costs were transferred to Social Security. Your refund was based on the retirement contributions that should have been withheld from your pay. It did not include amounts that were properly withheld, but erroneously considered retirement deductions rather than Social Security taxes.

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?

It depends on when you withdrew your TSP contributions and the kind of withdrawal you made.

You can make an election under FERCCA if you:

• Separated from Government service after your agency corrected your records—but you did not retire—and the TSP automatically paid your account balance to you because it was $3,500 or less;
• Retired and withdrew your TSP contributions; or
• Received a financial hardship in-service withdrawal, or a TSP loan.

You cannot make an election under FERCCA if you:

• Separated from Government service after your agency corrected your records—but you did not retire—and you withdrew your TSP contributions. This does not include the TSP automatic payment described above; or
• Received an age-based in-service withdrawal from your TSP account while employed.

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?

No, you can't elect to change your FERS retirement coverage if you took a refund of all FERS retirement deductions

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?

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.

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?

If you are a separated employee, you can contact OPM on 1-888-767-6738. The personnel specialists at this number will be able to access your records and provide you with information about the retirement coverage that you had before separating from Federal service and whether you were under the correct retirement system.

I know that the FERCCA legislation applies to active employees, retirees, and survivors, but what about separated employees?

It does not matter if you no longer work for the Federal Government because FERCCA also applies to separated employees. As long as your retirement coverage error was in effect for more than 3 years of service after December 31, 1986, then you may benefit from FERCCA. Contact your former Federal agency's Human Resources Office to request a review of your eligibility under FERCCA.

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