[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR831.111]

[Page 80]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 831_RETIREMENT--Table of Contents
 
             Subpart A_Administration and General Provisions
 
Sec. 831.111  Employee deductions and agency contributions.

    (a) Agency share. When an agency fails to withhold some or all of an 
employee deduction under 5 U.S.C. 8334(a) for any pay period, the agency 
is still responsible for submitting the correct agency contribution to 
OPM. The agency must submit as the agency share, a payment equal to the 
amount that would have been submitted if the error had not been made (or 
a payment equal to the difference between the amount already submitted 
as the agency share and the amount that should have been submitted). The 
payment should be submitted to OPM in the manner currently prescribed 
for the transmission of withholdings and contributions as soon as 
possible, but not later than provided by standards established by OPM.
    (b) Employee share. (1) If, through administrative error, an agency 
did not withhold any of the employee deductions required by 5 U.S.C. 
8334(a) for any pay period, the employee may, at his or her option--
    (i) Request the agency that employed him or her when the error was 
made to correct his or her records and arrange to pay any resulting 
overpayment of pay to the agency (unless it is waived by the agency); or
    (ii) Pay the deposit plus any applicable interest (under certain 
conditions, the deposit may be made at any time until the final 
adjudication of his or her application for retirement) directly to OPM 
by submitting SF 2803; or
    (iii) Have the period of service treated like the nondeduction 
service described in Sec. 831.303.
    (2) When the agency withholds part of the required employee 
deductions for any pay period, the balance must be submitted to OPM in 
the manner currently prescribed for the transmission of withholdings and 
contributions as soon as possible, but not later than provided by 
standards established by OPM. The agency must correct its error. The 
employee does not have the option to pay a deposit directly to OPM when 
partial deductions have been withheld.
    (3) If the agency waives the employee's repayment of the salary 
overpayment that resulted from the administrative error, the agency must 
also submit (in addition to the agency contribution) the employee's 
share of the unpaid contributions to OPM in the manner currently 
prescribed for the transmission of withholdings and contributions.

[53 FR 35295, Sept. 13, 1988, as amended at 66 FR 66711, Dec. 27, 2001]