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 3— employee who should or could have been social security-only covered but who was erroneously csrs-offset covered or csrs covered instead

5 U.S.C. § 2121

EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, BUT WHO IS ERRONEOUSLY CSRS OR CSRS-OFFSET COVERED INSTEAD.

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“(a)Applicability.—This section applies in the case of a retirement coverage error in which a Social Security-Only covered employee was erroneously CSRS covered or CSRS-Offset covered.“(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 in paragraph (3).“(2)Coverage.—In the case of an individual who is erroneously CSRS covered, as soon as practicable after discovery of the error, and subject to the right of an election under paragraph (3), such individual shall be CSRS-Offset covered, effective as of the date of the retirement coverage error.“(3)Election.—“(A)In general.—Upon written notice of a retirement coverage error, an individual may elect to be CSRS-Offset covered or Social Security-Only 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 before the date provided under subparagraph (A), the individual shall remain CSRS-Offset covered.“(C)Regulations.—The Office shall prescribe regulations to carry out this paragraph.“(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)(3).“(2)Election.—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 or Social Security-Only covered, effective as of the date of the retirement coverage error.“(3)Nonelection.—If an eligible individual 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 5 cases, 1966–1990 · leading case: Shaller v. United States, 202 Ct. Cl. 571 (Ct. Cl. 1973).
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Shaller v. United States, 202 Ct. Cl. 571 (Ct. Cl. 1973). · cites it 7× “OPINION 0E COMMISSIONER Davis, Commissioner: In 1963, the Navy tendered to plaintiff $300 as an incentive award pursuant to 5 U.S.C. § 2121 et seg. (1958) for contributions he made to the Polaris missile program while employed as an engineer at the Naval Ordnance Experimental…”
Hayes v. United States, 20 Cl. Ct. 150 (Ct. Cl. 1990). · cites it 3× “As recounted by the Court of Claims: The statute, § 1124, supra, was intended to extend to servicemen, with limitations not here relevant, the eligibility to receive cash awards for valuable suggestions, made to and adopted by their agencies, that civilian Government employees…”
Griffin v. United States, 215 Ct. Cl. 710 (Ct. Cl. 1978). “The statute, § 1124, supra, was intended to extend to servicemen, with limitations not here relevant, the eligibility to receive cash awards for valuable suggestions, made to and adopted by their agencies, that civilian Government employees had long enjoyed under the statute…”
Anderson v. Bailar, 459 F. Supp. 792 (M.D. Fla. 1978). “and its predecessor statute, 5 U.S.C. § 2121 et seq.) heads of government agencies have discretion to make or not make awards, and to tailor the awards as they see fit in accordance with administrative regulations.”
Campbell, 174 Ct. Cl. 1276 (Ct. Cl. 1966). “Plaintiff bases his claim on the Government Employees Incentive Awards Act, 5 U.S.C. § 2121 et seq. Defendant contends that the denial of a cash award for a beneficial suggestion does not give rise to a cause of action in the Court of Claims since department heads have…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.