U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart G— Insurance and Annuities › Chapter CHAPTER 83— RETIREMENT › Subchapter SUBCHAPTER III— CIVIL SERVICE RETIREMENT › Subtitle “Subtitle A— Description of Retirement Coverage Errors to Which This Title Applies and Measures for Their Rectification › Chapter “chapter 1— employees and annuitants who should have been fers covered, but who were erroneously csrs covered or csrs-offset covered instead, and survivors of such employees and annuitants

5 U.S.C. § 2101

EMPLOYEES.

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“(a)Applicability.—This section shall apply in the case of any employee or former employee who should be (or should have been) FERS covered but, as a result of a retirement coverage error, is (or was) CSRS covered or CSRS-Offset covered instead.“(b)Uncorrected Error.—“(1)Applicability.—This subsection applies if the retirement coverage error has not been corrected before the effective date of the regulations described under paragraph (3). As soon as practicable after discovery of the error, and subject to the right of an election under paragraph (2), if CSRS covered or CSRS-Offset covered, such individual shall be treated as CSRS-Offset covered, retroactive to the date of the retirement coverage error.“(2)Coverage.—“(A)Election.—Upon written notice of a retirement coverage error, an individual may elect to be CSRS-Offset covered or FERS covered, effective as of the date of the retirement coverage error. Such election shall be made not later than 180 days after the date of receipt of such notice.“(B)Nonelection.—If the individual does not make an election by the date provided under subparagraph (A), a CSRS-Offset covered individual shall remain CSRS-Offset covered and a CSRS covered individual shall be treated as CSRS-Offset covered.“(3)Regulations.—The Office shall prescribe regulations to carry out this subsection.“(c)Corrected Error.—“(1)Applicability.—This subsection applies if the retirement coverage error was corrected before the effective date of the regulations described under subsection (b).“(2)Coverage.—“(A)Election.—“(i) CSRS-offset covered.—Not later than 180 days after the date of the enactment of this Act [Sept. 19, 2000], the Office shall prescribe regulations authorizing individuals to elect, during the 18-month period immediately following the effective date of such regulations, to be CSRS-Offset covered, effective as of the date of the retirement coverage error.“(ii)Thrift savings fund contributions.—If under this section an individual elects to be CSRS-Offset covered, all employee contributions to the Thrift Savings Fund made during the period of FERS coverage (and earnings on such contributions) may remain in the Thrift Savings Fund in accordance with regulations prescribed by the Executive Director, notwithstanding any limit under title 5, United States Code, that would otherwise be applicable.“(B)Previous settlement payment.—An individual who previously received a payment ordered by a court or provided as a settlement of claim for losses resulting from a retirement coverage error shall not be entitled to make an election under this subsection unless that amount is waived in whole or in part under section 2208, and any amount not waived is repaid.“(C)Ineligibility for election.—An individual who, subsequent to correction of the retirement coverage error, received a refund of retirement deductions under section 8424 of title 5, United States Code, or a distribution under section 8433(b), (c), or (h)(1)(A) of title 5, United States Code, may not make an election under this subsection.“(3)Corrective action to remain in effect.—If an individual is ineligible to make an election or does not make an election under paragraph (2) before the end of any time limitation under this subsection, the corrective action taken before such time limitation shall remain in effect.
Notes of Decisions
Cited in 77 cases (16 in the last 5 years), 1975–2025 · leading case: Morris Davis v. James Billington, 681 F.3d 377 (D.C. Cir. 2012).
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Morris Davis v. James Billington, 681 F.3d 377 (D.C. Cir. 2012). · cites it 5× “5 U.S.C. § 2101 . The civil service is then divided into three categories: the Senior 12 Executive Service, the competitive service, and the excepted service.”
Babcock v. Kijakazi, 595 U.S. 77 (2022). · cites it 3× “See 5 U. S. C. §2101 . Looking to the broader statutory context, technicians possess characteristically civilian rights to seek redress for employment discrimination and to receive workers’ compensation, disability benefits, and compensatory time off for over- time work.”
Middlebrooks v. Leavitt, 525 F.3d 341 (4th Cir. 2008). · cites it 3× “§ 101 (a)(4); 5 U.S.C. § 2101 (2) (2000), the PHSCC is consistently included within the slightly broader designation of “uniformed services,” see, e.”
Gary Jackson v. Thomas Modly, 949 F.3d 763 (D.C. Cir. 2020). “” 5 U.S.C. § 2101 (2); 10 U.S.C. § 101 (a)(4).”
Peggy Maloney v. Exec. Off. of the President, Off. of Admin., 2022 MSPB 26 (MSPB 2022). “” 5 U.S.C. § 2101 (1). Based on the record, it appears that the appellant meets the definition of an employee.”
Michael J. Salazar v. Margaret M. Heckler, Sec'y of Health & Human Servs., 787 F.2d 527 (10th Cir. 1986). · cites it 3× “” 5 U.S.C. § 2101 (3) (1982); 10 U.S.C. § 1072 (1) (1982); 37 U.”
Mazaleski v. Treusdell, 562 F.2d 701 (D.C. Cir. 1977). “§ 201(p), all PHS commissioned officers, whether regular or reserve, are appointed “without regard to the civil-service laws,” id.”
Arthur Perez v. Merit Sys. Prot. Bd., 85 F.3d 591 (Fed. Cir. 1996). · cites it 2× “See 5 U.S.C. § 2101 (1994); See Brooks v. Office Personnel Management, 59 M.”
Free Enter. Fund v. Pub. Co. Acct. Oversight Bd., 561 U.S. 477 (2010). “5 U. S. C. §§2101 , 2102(a)(1)(B), 2104. The civil service thus includes many officers indistinguishable from the members of both the Commission and the Accounting Board.”
Candace M. Hanson v. F. Nordy Hoffmann, Sergeant at Arms, His Agents, Predecessors & Successors, United States Senate, 628 F.2d 42 (D.C. Cir. 1980). “§§ 7501 & 2102 (1976) (extending protections to those within the civil service who are also in the competitive service), plaintiff appears to have been protected by § 7102.”
Am. Fed'n of Gov't Employees v. Martin R. Hoffman, Sec'y of the Army, 543 F.2d 930 (D.C. Cir. 1976). · cites it 2× “In particular, appellants cite 5 U.S.C. §§ 2101 , 2105(d) and a provision of the National Guard Technicians Act of 1968, 32 U.”
Schooling v. United States, 63 Fed. Cl. 204 (Fed. Cl. 2004). · cites it 2× “See 5 U.S.C. §§ 2101 (1), 4 7703(a)(1). 5 The fact that plaintiff waived his right to appeal the suspension to the MSPB when he entered into the settlement is immaterial for purposes of determining whether this court has jurisdiction over his claim.”
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