Federal Erroneous Retirement Coverage Corrections Act
Elections Under FERCCA
What elections can I make under FERCCA?
CSRS or CSRS Offset
|
FERS
|
CSRS Offset and FERS coverage
|
Social Security only
|
CSRS Offset and Social Security-only coverage
|
FERS
|
CSRS
|
FERS and CSRS coverage*
|
CSRS Offset
|
FERS and CSRS Offset coverage*
|
Social Security only
|
FERS and Social Security-only coverage*
|
*If you already had this choice, you do not have an
opportunity to change your election under FERCCA. See the question,
My agency put me in FERS by mistake. When it discovered the error,
my agency let me choose whether I wanted to remain in FERS. Do I get
another choice under FERCCA? for an explanation.
Are there any employees with retirement
coverage errors who don't get a choice under FERCCA?
Yes. FERCCA does not give you a choice about your retirement
plan if:
- If your agency corrected your records to FERS when it discovered
an error and you later separated and took a refund of all FERS
retirement deductions, or
- If you belonged in FERS and your agency corrected your records
when it discovered the error and you chose to withdraw your TSP
contributions. See the question, 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? for the kinds of withdrawals that will prevent you
from having a choice of retirement plans under FERCCA, or
- If you received a payment ordered by a court or provided as
settlement of a claim for losses resulting from a retirement coverage
error, you may not make an election under FERCCA unless you repay
the amount you received or OPM waives repayment.
You also do not have a choice about your retirement
coverage if:
CSRS Offset |
CSRS |
CSRS |
CSRS |
CSRS Offset |
CSRS Offset |
Social Security-Only |
CSRS |
CSRS |
CSRS Offset |
CSRS Offset |
FERS |
FERS |
I'm retired from the Federal Government,
but my agency changed my retirement plan before I retired because
of an error. Can I still make an election?
Retirees have the same choices under FERCCA that active
employees have.
Do survivors get an election under
FERCCA?
If an employee, former employee, or retiree would have
had a choice under FERCCA but died before making an election, then
the survivor can make that election instead.
I think I'm eligible to make an election
under FERCCA. Are there any time limits for making the election?
If your retirement coverage error was corrected in the
past, you have until September 19, 2002, to make your election. Your
agency and OPM have the authority to waive this deadline.
If you are currently in the wrong retirement plan, you must receive
written notice of the error and of your options under FERCCA. If you
qualify to choose another retirement plan, you have 6 months from
the date you are notified of the error to make your election.
Is FERCCA like an Open Season for
retirement coverage elections?
No, FERCCA is not an Open Season. Most employees are
unaffected by FERCCA because they were never put in the wrong retirement
plan. If you were ever put in the wrong retirement plan, please see
the questions under Eligibility to
see whether FERCCA applies to you.
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. We call this a
"deemed FERS election". 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 Claims for more information.
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.
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.
Will changing my retirement plan cost
me any money?
Unless you choose FERS, there is no additional cost
to you. If you choose FERS, you will only incur additional costs if
you decide to make additional TSP contributions (known as make-up
contributions). These are contributions that you could have made if
you had been correctly covered by FERS. Of course, you're the one
who chooses how much additional contributions you want to make.
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