5 CFR 839.101
§ 839.101 What is the Federal Erroneous Retirement Coverage Corrections Act?
United States · 5 CFR — Administrative Personnel · Status: effective
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- Citation
- 5 CFR 839.101, § 839.101 What is the Federal Erroneous Retirement Coverage Corrections Act?, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/8095
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Full text
(a) The Federal Erroneous Retirement Coverage Corrections Act (FERCCA) is Title II of Public Law 106-265, enacted September 19, 2000. The FERCCA addresses the problems created when employees are in the wrong retirement plan for an extended period.
(b) Generally, you must be in the wrong retirement plan for at least 3 years of service after December 31, 1986, before the FERCCA applies to you. Depending on the type of error, the FERCCA provides:
(1) A choice between retirement plans,
(2) New rules for crediting civilian and military service that was not subject to retirement deductions,
(3) Payment of lost earnings on employee make-up contributions to the Thrift Savings Plan, and
(4) Payment of certain out-of-pocket expenses that are a direct result of a retirement coverage error.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.