[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR839.511]

[Page 247]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (Continued)
 
PART 839--CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS RETIREMENT COVERAGE CORRECTIONS ACT--Table of Contents
 
Subpart E--Retirement Coverage Elections for Errors That Were Previously 
                                Corrected
 
Sec. 839.511  What can I elect under the FERCCA if my employer put me into FERS by mistake and then I was not allowed to remain in FERS when the error was 
          discovered?

    An employee who was erroneously placed in FERS during a time when 
the employee should have had an opportunity to elect FERS is allowed to 
keep the erroneous FERS coverage. If the employee was given an 
opportunity to remain in FERS, then the employee is disqualified from 
making an election of retirement coverage under the FERCCA (see 
Sec. 839.221). If you were not allowed to remain in FERS and were placed 
in CSRS due to a qualifying retirement coverage error, you may elect 
FERS or remain in CSRS. If you were not allowed to remain in FERS and 
were placed in CSRS Offset due to a qualifying retirement coverage 
error, you may elect FERS or remain in CSRS Offset. If you were not 
allowed to remain in FERS and were placed in Social Security-Only due to 
a qualifying retirement coverage error, you may elect FERS or remain in 
Social Security-Only. This is summarized in the following chart:

------------------------------------------------------------------------
                                   And your coverage
          You were in:              was previously      You may elect:
                                     corrected to:
------------------------------------------------------------------------
FERS............................  CSRS..............  CSRS or FERS.
FERS............................  CSRS Offset.......  CSRS Offset or
                                                       FERS.
FERS............................  Social Security-    Social Security-
                                   Only.               Only or FERS.
------------------------------------------------------------------------