C.F.R. » Title 5 » CHAPTER I—OFFICE OF PERSONNEL MANAGEMENT › SUBCHAPTER B—CIVIL SERVICE REGULATIONS › PART 839—CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT › Subpart L—Discretionary Actions by OPM

5 C.F.R. § 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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(a) The FERCCA allows OPM, in its sole discretion, to compensate you for a monetary loss that is a direct and proximate result of your retirement coverage error.

(b) Monetary losses include payments of additional Social Security taxes, payment of additional retirement deductions, and other out-of-pocket expenses that you incurred because of a retirement coverage error.

(c) You must substantiate your claim for losses with any evidence that supports your request.

(d) OPM cannot pay you for:

(1) Claimed losses related to forgone contributions and earnings under the TSP, other than lost earnings on make-up contributions to the TSP as provided in subpart J of this part; and

(2) Claimed losses related to any other investment opportunities.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Kenneth Day v. Off. of Pers. Mgmt. (MSPB 2024).
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Kenneth Day v. Off. of Pers. Mgmt. (MSPB 2024). “1302 (a), other actions taken by OPM are considered to be discretionary, 5 C.F.R. § 839.1203 (b), and are not subject to administrative or judicial review.”
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