5 C.F.R. § 839.101
What is the Federal Erroneous Retirement Coverage Corrections Act?
(a) The Federal Erroneous Retirement Coverage Corrections Act (FERCCA) is Title II of Public Law 106-265, enacted September 19, 2000. The FERCCA addresses the problems created when employees are in the wrong retirement plan for an extended period.
(b) Generally, you must be in the wrong retirement plan for at least 3 years of service after December 31, 1986, before the FERCCA applies to you. Depending on the type of error, the FERCCA provides:
(1) A choice between retirement plans,
(2) New rules for crediting civilian and military service that was not subject to retirement deductions,
(3) Payment of lost earnings on employee make-up contributions to the Thrift Savings Plan, and
(4) Payment of certain out-of-pocket expenses that are a direct result of a retirement coverage error.
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 2004–2026 · leading case: Malette v. Dep't of Treasury, 89 F. App'x 695 (Fed. Cir. 2004).
Malette v. Dep't of Treasury, 89 F. App'x 695 (Fed. Cir. 2004). “” 5 C.F.R. § 839.101 (a). An employee can seek relief under FERCCA if that employee experienced a qualifying retirement coverage error.”
Stacey C. Duncan v. Off. of Pers. Mgmt. (MSPB 2016). “516 , ¶ 13 (2012); 5 C.F.R. § 839.101 (a). An employee may seek relief under FERCCA from OPM.”
Verna Lewis v. United States Postal Serv. (MSPB 2016). “516 , ¶ 13 (2012); 5 C.F.R. § 839.101 (a). An employee may seek relief under FERCCA if the employee experienced a “qualifying retirement coverage error,” defined as an “erroneous decision by an employee or agent of the 4 Although the agency’s response was due on January 16,…”
Iris Edwards v. Off. of Pers. Mgmt. (MSPB 2022). “68 , ¶ 6 (2013); 5 C.F.R. §§ 839.101 (b), 839.201. Generally, an employee who previously has not been covered by FERS and who is rehired, transferred, or converted after December 31, 1986, is automatically subject to FERS unless she meets the “5-year test.”
Mary Ann Globokar v. Nat'l Aeronautics & Space Admin (MSPB 2023). “516 , ¶ 13 (2012); 5 C.F.R. § 839.101 (a). An employee may seek relief under FERCCA if the employee experienced a “qualifying retirement coverage error,” defined as an “erroneous decision by an employee or agent of the Government as to whether Government service is CSRS covered,…”
Kenneth Day v. Off. of Pers. Mgmt. (MSPB 2024). “On July 3, 2019, OPM issued a final decision in which it stated that it had no authority to waive the interest on the appellant’s redeposit and had reduced his annuity 2 FERCCA was enacted on September 19, 2000, to address “the problems created when employees are in the wrong…”
Ann Pennington v. Dep't of the Treasury (MSPB 2026). “2 (2006); 5 C.F.R. §§ 839.101 (a) and 839.102. However, because the appellant has not claimed that the agency placed her in the wrong retirement system, as the Federal Employees’ Retirement System-Revised Annuity Employee retirement plan and the Federal Employees’ Retirement…”
Verna Lewis v. United States Postal Serv. (MSPB 2015). “516 , ¶ 13 (2012); 5 C.F.R. § 839.101 (a). An employee may seek relief under FERCCA if the employee experienced a “qualifying retirement coverage error,” defined as an “erroneous decision by an employee or agent of the Government as to whether Government service is CSRS covered,…”
Merritt C. Brown v. Off. of Pers. Mgmt. (MSPB 2015). “516 , ¶ 13 (2012); 5 C.F.R. § 839.101 (a). An employee may seek relief under FERCCA if the employee experienced a “qualifying retirement coverage error,” defined as an “erroneous decision by an employee or agent of the 4 The FAM provisions cited by the appellant address employee…”
Stacey C. Duncan v. Off. of Pers. Mgmt. (MSPB 2015). “516 , ¶ 13 (2012); 5 C.F.R. § 839.101 (a). An employee may seek relief under FERCCA from OPM.”
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