Federal Erroneous Retirement Coverage Corrections Act
Erroneously 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?
No, you don't get a second choice.
Certain employees who were put in FERS by mistake could choose to
stay in FERS when the agency discovered the error. If they declined
FERS, the agency placed them in the correct retirement plan (CSRS,
CSRS Offset, or Social Security only). If you already had this opportunity
to choose between FERS and CSRS, CSRS Offset, or Social Security only;
then FERCCA does not give you an opportunity to change your decision.
FERCCA may help you, however. If you worked for the Government before
you came under a retirement plan, you may be able to get retirement
credit for that service by taking an actuarial reduction in your retirement
benefit instead of having to pay a deposit. The same may be true for
any military service you have. See the questions under the heading
Service Credit for more information.
Also, if you were in FERS for at least 3 years of service before
your agency gave you an opportunity to stay in FERS or have your records
corrected, OPM may compensate you for any out-of-pocket expenses you
incurred because of the error. See the questions under the heading
Out of Pocket Expenses for more information.
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?
Except for the last 3 years, the money you erroneously paid into
Social Security will remain to your credit in the Social Security
fund. The Social Security Administration will include all but those
last 3 years in determining your eligibility for, and the amount of,
future benefits.
The amount you paid into Social Security for the last 3 years will
be transferred to your account in the Civil Service Retirement fund.
Your employing agency will pay all additional retirement contributions
owed for your CSRS time. It may not go back and bill you for additional
retirement deductions when it corrects the error.
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?
Yes, since you chose not to respond, you continue to be covered by
FERS and your coverage is correct. There is no error in your retirement
coverage and you do not have an opportunity to change your election
under FERCCA.
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