Code of Federal Regulations (alpha)

CFR /  Title 5  /  Part 839  /  Sec. 839.804 If my qualifying retirement coverage error occurred whilea different retirement plan, will I have to pay any additional amountfor retirement deductions?

(a) If you (as a reemployed annuitant) were erroneously in CSRS and had retirement deductions withheld from pay, and later are corrected to CSRS Offset or FERS coverage, the amount erroneously withheld under CSRS will be used to pay the retroactive CSRS Offset or FERS retirement deductions and Social Security taxes.

(b) If you (as a reemployed annuitant) were erroneously placed in CSRS and elected not to have retirement deductions withheld from pay, and later are corrected to CSRS Offset or FERS, your share of retroactive Social Security taxes will be treated as an overpayment of salary. If you are corrected to CSRS Offset, you may elect to have retirement deductions withheld from future salary as a reemployed annuitant and may also make a deposit to cover the retirement deductions for past service as a reemployed annuitant in accordance with Sec. 837.503(c) of this chapter. If you are corrected to FERS, your retirement deductions under FERS will be treated as an overpayment of salary.

(c) If you (as a reemployed annuitant) were erroneously in CSRS Offset and had retirement deductions withheld from pay, and later are corrected to CSRS or FERS coverage, the amount erroneously withheld under CSRS Offset will be used to pay the retroactive CSRS or FERS retirement deductions. The employer is responsible for paying to the Fund any additional retirement deductions.

(d) If you (as a reemployed annuitant) were erroneously placed in CSRS Offset and elected not to have retirement deductions withheld from pay, and later are corrected to CSRS, you may elect to have retirement deductions withheld from future salary as a reemployed annuitant and may also make a deposit to cover the retirement deductions for past service as a reemployed annuitant in accordance with Sec. 837.503(c) of this chapter. Your retirement deductions under CSRS will be treated as an overpayment of salary.

(e) If you (as a reemployed annuitant) were erroneously placed in CSRS Offset and elected not to have retirement deductions withheld from pay, and later are corrected to FERS, your retirement deductions under FERS will be treated as an overpayment of salary.

(f) A reemployed annuitant erroneously placed in FERS and later corrected to CSRS or CSRS Offset is considered to have elected retirement deductions as a reemployed annuitant under the corrected coverage. The employer is responsible for paying to the Fund any additional retirement deductions under the corrected retirement coverage.

(g) If you have a salary overpayment, your employer will inform you of your rights regarding the overpayment.

(h) These rules are summarized in the following chart: ----------------------------------------------------------------------------------------------------------------

And retirement And you are corrected

(1) CSRS.......................... Taken................ CSRS Offset or FERS.. The

erroneous CSRS deductions are

used to pay the retroactive

CSRS Offset or FERS

deductions and Social

Security taxes.

Retirement

deductions will continue to

be withheld from salary.

Social

Security taxes must be

withheld from salary.(2) CSRS.......................... Not taken............ CSRS Offset.......... Retroactive

Social Security taxes are

treated as an overpayment of

salary.

You may

elect to have retirement

deductions withheld from

future salary.

Social

Security taxes must be

withheld from salary.

You may pay

a deposit to OPM for past

retirement deductions.(3) CSRS.......................... Not taken............ FERS................. Retroactive

Social Security taxes are

treated as an overpayment of

salary.

Retirement

deductions and Social

Security taxes must be

withheld from salary.

Your

retirement deductions for

past service under FERS are

treated as an overpayment of

salary.(4) CSRS Offset................... Taken................ CSRS or FERS......... The

erroneous CSRS Offset

deductions are used to pay

retroactive CSRS or FERS

retirement deductions.

Retirement

deductions will continue to

be withheld from salary.

Social

Security taxes must be

withheld from salary if

correct coverage is FERS.

Employer

must pay any additional

amount of retirement

deductions.

(5) CSRS Offset................... Not taken............ CSRS................. You may

elect to have retirement

deductions withheld from

future salary.

You may pay

a deposit to OPM for past

retirement deductions.(6) CSRS Offset................... Not taken............ FERS................. Your

retirement deductions for

past service under FERS will

be treated as an overpayment

of salary.(7) FERS.......................... Taken................ CSRS or CSRS Offset.. You are

considered to have elected

retirement deductions as a

reemployed annuitant under

the corrected coverage.

Employer

must pay any additional

retirement deductions due for

past service.----------------------------------------------------------------------------------------------------------------

Employer Retirement Contributions