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Title 5--Administrative Personnel
CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT
PART 839--CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT
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 | 839.101 | What is the Federal Erroneous Retirement Coverage Corrections Act? |
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| 839.102 | Definitions. |
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| 839.201 | Do these rules apply to me? |
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| 839.211 | If these rules apply to me because I had a qualifying retirement coverage error, can I choose which retirement plan I want to be in? |
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| 839.212 | May I make a retirement coverage election if I received a refund of my retirement deductions after I was corrected to FERS? |
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| 839.213 | May I make a retirement coverage election if I withdrew all or part of my TSP account after I was corrected to FERS? |
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| 839.214 | Am I disqualified from making an election of retirement coverage under the FERCCA if I withdrew my TSP account after I retired under FERS? |
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| 839.215 | May I make a retirement coverage election under the FERCCA if I received a payment as settlement of my claim for losses because of a qualifying retirement coverage error? |
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| 839.221 | If my qualifying retirement coverage error was that I was put into FERS by mistake and then, after the error was discovered, I chose my current retirement coverage, can I now make another election? |
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| 839.231 | Can I make an election if my former spouse is entitled to a portion of my retirement benefits by qualifying court order? |
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| 839.232 | 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? |
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| 839.241 | Am I eligible to make an election under the FERCCA if I had a qualifying retirement coverage error and none of the conditions mentioned in 839.212 through 839.232 apply to me? |
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| 839.242 | Do these rules apply to me if I had multiple errors? |
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| 839.301 | What should I do if I am not sure whether I am or was in the wrong retirement plan? |
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| 839.302 | Will my employer give me a written explanation? |
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| 839.303 | Is my employer required to find employees with a retirement coverage error? |
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| 839.304 | What if my employer does not notify me? |
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| 839.401 | What can I elect if I was put in CSRS or CSRS Offset by mistake? |
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| 839.411 | What can I elect if I was put in FERS by mistake? |
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| 839.501 | What can I elect if my employer moved me out of CSRS or CSRS Offset? |
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| 839.511 | What can I elect under the FERCCA if my employer put me into FERS by mistake and then I was not allowed to remain in FERS when the error was discovered? |
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| 839.601 | How do I make an election? |
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| 839.602 | What if I don't make an election? |
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| 839.603 | Can I later change my election? |
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| 839.604 | When is my election effective? |
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| 839.611 | What are the time limits for making an election? |
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| 839.612 | Can I make a belated election? |
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| 839.621 | Can I cancel my FERS election if I was in the wrong retirement plan at the time I elected FERS coverage and I have an election opportunity under the FERCCA? |
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| 839.622 | Can I cancel my FERS election if my qualifying retirement coverage error was previously corrected and I now have an election opportunity under the FERCCA? |
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| 839.623 | If I decide to keep the FERS election in effect, may I change the effective date of the FERS election? |
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| 839.701 | Is it correct that even though I had a qualifying retirement coverage error under the FERCCA, I may not have a choice of retirement coverage? |
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| 839.702 | How do these rules apply to me if I don't have an election right under the FERCCA, but I did have a qualifying retirement coverage error? |
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| 839.801 | Do I owe more money if I had a qualifying retirement coverage error and the employee retirement deductions for the new retirement plan are more than what I already paid? |
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| 839.802 | If I was in CSRS during my qualifying retirement coverage error, paid into the Fund more than I would have paid as a CSRS Offset, Social Security-Only, or FERS employee, and end up retroactively in one of those retirement plans, will I get a refund of the excess I had withheld from my pay? |
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| 839.803 | If I am like the person in the previous question, but the amount I paid as deductions under CSRS is more than the amount of combined retirement deductions and Social Security taxes due for my new retirement coverage, will I get a refund of the excess? |
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| 839.804 | If my qualifying retirement coverage error occurred while I was a reemployed annuitant, and I am later corrected retroactively to a different retirement plan, will I have to pay any additional amount for retirement deductions? |
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| 839.811 | Does my employer owe more money if I had a qualifying retirement coverage error and the employer retirement contributions for my new retirement plan are more than what was already paid? |
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| 839.812 | Will my employer get a refund if I had a qualifying retirement coverage error and the employer retirement contributions for my new retirement plan are less than what was already paid? |
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| 839.821 | Who is responsible for correcting my records? |
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| 839.822 | Which employer is responsible for submitting the employee and employer retirement deductions and contributions and correcting my records if I had different employers? |
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| 839.901 | When will my employer begin withholding Social Security taxes if I was erroneously in CSRS during my qualifying retirement coverage error and my corrected coverage will now require me to pay Social Security taxes? |
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| 839.902 | Will my CSRS retirement deductions be used to pay the Social Security taxes for the period of the qualifying retirement coverage error if I was erroneously placed in CSRS and did not pay Social Security taxes? |
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| 839.903 | What happens to the Social Security taxes I erroneously paid when my employer corrects my retirement coverage to CSRS? |
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| 839.1001 | Does the FERCCA allow me to increase my TSP account if I was in CSRS during my qualifying retirement coverage error and my correct coverage will be FERS? |
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| 839.1002 | Will OPM compute the lost earnings if my qualifying retirement coverage error was previously corrected and I made TSP make-up contributions? |
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| 839.1003 | How will OPM compute the amount of lost earnings? |
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| 839.1004 | Are lost earnings payable if I separated or if the employee died? |
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| 839.1101 | How are my retirement benefits computed if I elect CSRS or CSRS Offset under this part? |
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| 839.1102 | How are my retirement benefits computed if I elect FERS under this part? |
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| 839.1103 | If my qualifying retirement coverage error started when I should have been placed under FERS automatically, but my agency put me in CSRS because I had some past service, will I get a CSRS component in my FERS annuity for the service before the error if I elect FERS? |
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| 839.1111 | If I elect to change my retirement coverage under the FERCCA, can I change the election I originally made at retirement for survivor benefits? |
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| 839.1112 | If I elect to change my retirement coverage under the FERCCA, can I retroactively revoke the waiver of military retired pay I made at retirement? |
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| 839.1113 | If I elect to change my retirement coverage under the FERCCA, can I change my decision about making a deposit or redeposit for civilian or military service? |
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| 839.1114 | Will OPM actuarially reduce my benefit if I elect to change my retirement coverage under these rules? |
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| 839.1115 | What is an actuarial reduction? |
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| 839.1116 | If, because of the change in my retirement coverage, I will owe larger deposits for military and civilian service credit, will I have to pay the additional deposit due or will OPM actuarially reduce my annuity? |
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| 839.1117 | If I elect to change my retirement coverage under the FERCCA, can I get a refund of the service credit deposit I made and receive the actuarial reduction instead? |
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| 839.1118 | Will my annuity be actuarially reduced because I had Government contributions in my TSP account? |
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| 839.1119 | How is the actuarial reduction for TSP computed? |
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| 839.1121 | What is the Actuarial Reduction for the Basic Employee Death Benefit (BEDB)? |
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| 839.1122 | Does receipt of a one-time payment of retirement contributions as a death benefit prevent me from electing CSRS Offset? |
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| 839.1201 | If I took legal action against my employer because of a qualifying retirement coverage error, can OPM reimburse me for expenses related to my legal actions? |
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| 839.1202 | Can OPM waive repayment of a monetary award I received as resolution of the harm caused me by a qualifying retirement coverage error? |
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| 839.1203 | Can OPM compensate me for my losses if I did not take any legal action against my employer, but did incur some expenses because of a qualifying retirement coverage error? |
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| 839.1204 | On what basis will OPM review claims under this subpart? |
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| 839.1205 | Does the Director of OPM review the claims? |
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| 839.1206 | How do I submit a claim under this subpart? |
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| 839.1301 | What if my employer determines my error is not subject to these rules? |
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| 839.1302 | What types of decisions can I appeal? |
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| 839.1303 | Are there any types of decisions that I cannot appeal? |
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| 839.1304 | Is there anything else I can do if I am not satisfied with the way my error was corrected? |
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