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.
table of contents
U.S. Office of Personnel Management 1900 E Street NW, Washington, DC 20415 | (202) 606-1800 | TTY (202) 606-2532
|