“chapter 4 - employee who was erroneously fers covered

Title 5 > “chapter 4

Sections (3)

“SEC. 2131 EMPLOYEE WHO SHOULD BE SOCIAL SECURITY-ONLY COVERED, CSRS COVERED, OR CSRS-OFFSET COVERED AND IS NOT FERS-ELIGIBLE, BUT WHO IS ERRONEOUSLY FERS COVERED INSTEAD.

(“(a) Applicability.— This section applies in the case of a retirement coverage error in which a Social Security-Only covered, CSRS covered, or CSRS-Offset covered employee not eligible to elect FERS coverage under authority of section 8402(c) of title 5 , United States Code, was erroneously FERS covered.

(“(b) Uncorrected Error.— This subsection applies if the retirement coverage error has not been corrected before the effective date of the regulations described in paragraph (2). Upon written notice of a retirement coverage error, an individual may elect to remain FERS covered or to be Social Security-Only covered, CSRS covered, or CSRS-Offset covered, as would have applied in the absence of the erroneous retirement coverage determination, 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. An election of FERS coverage under this subsection is deemed to be an election under section 301 of the Federal Employees Retirement System Act of 1986 ( 5 U.S.C. 8331 note; Public Law 99–335 ; 100 Stat. 599 ). If the individual does not make an election before the date provided under subparagraph (A), the individual shall remain FERS covered, effective as of the date of the retirement coverage error. If under this section, an individual elects to be Social Security-Only covered, CSRS covered, or CSRS-Offset covered, all employee contributions to the Thrift Savings Fund made during the period of erroneous FERS coverage (and all earnings on such contributions) may remain in the Thrift Savings Fund in accordance with regulations prescribed by the Executive Director, notwithstanding any limit under section 8351 or 8432 of title 5, United States Code. Except as provided under paragraph (3), the Office shall prescribe regulations to carry out this subsection.

(“(c) Corrected Error.— This subsection applies if the retirement coverage error was corrected before the effective date of the regulations described under paragraph (2). 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 remain Social Security-Only covered, CSRS covered, or CSRS-Offset covered, or to be FERS covered, effective as of the date of the retirement coverage error. If an eligible individual does not make an election under paragraph (2), the corrective action taken before the end of any time limitation under this subsection shall remain in effect. An election of FERS coverage under this subsection is deemed to be an election under section 301 of the Federal Employees Retirement System Act of 1986 ( 5 U.S.C. 8331 note; Public Law 99–335 ; 100 Stat. 599 ).

“SEC. 2132 FERS-ELIGIBLE EMPLOYEE WHO SHOULD HAVE BEEN CSRS COVERED, CSRS-OFFSET COVERED, OR SOCIAL SECURITY-ONLY COVERED, BUT WHO WAS ERRONEOUSLY FERS COVERED INSTEAD WITHOUT AN ELECTION.

(“(a) In General.— If an individual was prevented from electing FERS coverage because the individual was erroneously FERS covered during the period when the individual was eligible to elect FERS under title III of the Federal Employees Retirement System Act [ Pub. L. 99–335 ] or the Federal Employees’ Retirement System Open Enrollment Act of 1997 ( Public Law 105–61 ; 111 Stat. 1318 et seq.) [ 5 U.S.C. 8331 notes], the individual— is deemed to have elected FERS coverage; and shall remain covered by FERS, unless the individual declines, under regulations prescribed by the Office, to be FERS covered. If an individual described under paragraph (1)(B) declines to be FERS covered, such individual shall be CSRS covered, CSRS-Offset covered, or Social Security-Only covered, as would apply in the absence of a FERS election, effective as of the date of the erroneous retirement coverage determination.

(“(b) Employee Contributions in Thrift Savings Fund.— If under this section, an individual declines to be FERS covered and instead is Social Security-Only covered, CSRS covered, or CSRS-Offset covered, as would apply in the absence of a FERS election, all employee contributions to the Thrift Savings Fund made during the period of erroneous FERS coverage (and all 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.

(“(c) Inapplicability of Duration of Erroneous Coverage.— This section shall apply regardless of the length of time the erroneous coverage determination remained in effect.

“SEC. 2133 RETROACTIVE EFFECT.

“This chapter shall be effective as of January 1, 1987 , except that section 2132 shall not apply to individuals who made or were deemed to have made elections similar to those provided in this section under regulations prescribed by the Office before the effective date of this title.