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 G—Errors That Don't Permit an Election

5 C.F.R. § 839.701

Is it correct that even though I had a qualifying retirement coverage error under the FERCCA, I may not have a choice of retirement coverage?

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Under the FERCCA, the types of retirement coverage errors listed in § 839.241 trigger a right to make a retirement coverage election. The following chart summarizes the types of errors that do not trigger an election right:

You are in:And you
belong in:		Your
coverage must be
corrected to:
CSRS OffsetCSRSCSRS.
CSRSCSRS OffsetCSRS Offset.
Social Security-OnlyCSRSCSRS.
Social Security-OnlyCSRS OffsetCSRS Offset.
Social Security-OnlyFERSFERS.
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: William Johns v. Dep't of the Army (MSPB 2024).
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William Johns v. Dep't of the Army (MSPB 2024). “283 , ¶ 4 (2013); 5 C.F.R. § 839.701 . Indeed, the only remedies available to such an employee are (1) the agency’s adjustment of retirement deductions and Social Security taxes, which the agency has already awarded to the appellant in this matter, and (2) a claim for losses in…”
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