[Code of Federal Regulations]
[Title 5, Volume 2]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR839.511]

[Page 253]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
          CHAPTER I--OFFICE OF PERSONNEL MANAGEMENT (CONTINUED)
 
PART 839_CORRECTION OF RETIREMENT COVERAGE ERRORS UNDER THE FEDERAL ERRONEOUS 
 
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.
------------------------------------------------------------------------