Elections of FERS Coverage FERS i
Chapter 11
Table of Contents
Subchapter 11A FERS
Part 11A1 General Information
Section 11A1.1-1 Overview . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
B. Topics Covered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
C. Organization of Subchapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
D. Statement of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Part 11A2 Employee Eligibility to Elect FERS
Section 11A2.1-1 Elections of FERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
A. Employees Who May Elect FERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
B. Employees Who May Not Elect FERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
C. Election Period . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
D. Effective Date of FERS Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
E. Withdrawing a FERS Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Part 11A3 Election Procedures
Section 11A3.1-1 Employing Office Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . 5
A. Providing Election Opportunity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B. Processing the Election of Coverage SF 3109 . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
C. Showing the FERS Election on the SF 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
D. Irrevocability of a FERS Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
E. Advising Employees of Effect of FERS Elections . . . . . . . . . . . . . . . . . . . . . . . . . 7
Section 11A3.1-2 Employee Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
A. Forms(s) Needed to Elect FERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
B. Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
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Chapter 11
Part 11A4 Court Orders Affecting an Election of FERS Coverage
Section 11A4.1-1 Court Orders Affecting an Election of FERS Coverage . . . . . . . . . . 9
A. General Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
B. When a Former Spouse's Consent is Not Required . . . . . . . . . . . . . . . . . . . . . . . . 9
C. Requirements if a Court Order Awarding Benefits is on File with OPM . . . . . . . . . . 9
D. Extension of the Election Period to Obtain Modification of the Court Order . . . . . . 10
E. Waiver of the Former Spouse's Consent Requirement . . . . . . . . . . . . . . . . . . . . . 10
F. Requesting a Search for a Court Order Acceptable for Processing . . . . . . . . . . . . . . 11
G. OPM's Decision Regarding the Request for Waiver, Extension, or Search . . . . . . . . . 11
Part 11A5 Belated Elections
Section 11A5.1-1 Eligibility Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
A. Agency Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
B. OPM Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
C. Effective Date of a Belated Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
D. Belated Elections that Are Not Permitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Part 11A6 Deemed Elections of FERS Coverage
Section 11A6.1-1 Deemed Elections of FERS Coverage . . . . . . . . . . . . . . . . . . . . . . 15
A. Background . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
B. Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
C. Notice Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
D. Documentation Requirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
E. Death of Employee During the 60-Day Period . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
F. Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
G. Waiver of Time Limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
H. Effective Date of Deemed FERS Election . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
I. Correction of Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
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Chapter 11
Part 11A7 Due Process Procedures
Section 11A7.1-1 Due Process Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
A. General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
B. Types of Decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
C. Agency Decision--Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
D. Request for Reconsideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
E. Time Limit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
F. OPM's Reconsideration Decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
G. Appeals to MSPB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Part 11A8 Effect of an Election of FERS Coverage
Section 11A8.1-1 Result of Making a FERS Election . . . . . . . . . . . . . . . . . . . . . . . . 24
A. Cancellation of Designation of Beneficiary Upon Election of FERS . . . . . . . . . . . . . 24
B. Return of Excess Retirement Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
C. Commencing or Changing Thrift Savings Plan Contributions . . . . . . . . . . . . . . . . . 24
D. Application for Refund . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 11A8.1-2 Credit for Service Upon Election of FERS . . . . . . . . . . . . . . . . . . . 26
A. General Rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
B. Service Subject to Both CSRS and Social Security . . . . . . . . . . . . . . . . . . . . . . . . 26
C. Service Subject to CSRS or Social Security Only . . . . . . . . . . . . . . . . . . . . . . . . . 27
D. Military Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
E. Unused Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
Part 11A9 FERS Open Season
Section 11A8.1-1 History of the FERS Open Season . . . . . . . . . . . . . . . . . . . . . . . . 28
A. Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
B. Employees Eligible to Transfer to FERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
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Chapter 11
Subchapter 11A FERS
Part 11A1 General Information
Section 11A1.1-1 Overview
A. Introduction Employees who are covered by CSRS and certain others who have
performed service that is creditable under CSRS may elect FERS coverage.
This subchapter explains the circumstances under which employees may
elect FERS coverage and explains how service before the date of a transfer
to FERS is credited.
Because there is no provision for electing CSRS coverage, this chapter
applies only to FERS elections. There is no CSRS subchapter on elections
of coverage.
B. Topics Covered This subchapter covers:
• Employee eligibility requirements to elect FERS coverage;
• Procedures an employee must follow to elect FERS;
• Procedures an agency must follow to process a FERS election;
• How a court order entitling a former spouse to benefits may affect an
election of FERS;
• Belated FERS elections;
• Deemed elections of FERS coverage;
• Due process procedures for adverse decisions;
• The effect of an election of FERS coverage;
• Historical information about the FERS Open Season.
This subchapter does not cover elections of FERS coverage for senior
officials. (See Chapter 101, Special Retirement Provisions for Senior
Officials.)
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Chapter 11
Section 11A1.1-1 Overview (Cont.)
C. Organization of This subchapter has nine parts.
Subchapter
Part Name of Part Page
11A1 General Information 1
11A2 Employee Eligibility to Elect 3
FERS
11A3 Election Procedures 5
11A4 Court Orders Affecting an 9
Election of FERS Coverage
11A5 Belated Elections 13
11A6 Deemed Elections of FERS 15
Coverage
11A7 Due Process Procedures 21
11A8 Effect of an Election of FERS 24
Coverage
11A9 FERS Open Season 28
D. Statement of This subchapter is based on the laws and regulations cited below.
Authority
• Public Law 99-335, as amended
• United States Code: 5 U.S.C. Chapter 84
• Code of Federal Regulations: 5 CFR Part 846
Elections of FERS Coverage FERS 3
Chapter 11
Part 11A2 Employee Eligibility to Elect FERS
Section 11A2.1-1 Elections of FERS
A. Employees Who 1. An election of FERS coverage may be made by employees (including
May Elect FERS reemployed annuitants) who are reemployed after a break in service of
more than 3 days, and:
• Who are covered by the Civil Service Retirement System (CSRS,
including CSRS Offset); or
• Whose appointment is excluded from CSRS coverage but not from
FERS coverage (for example, term appointments, TAPER, and certain
indefinite appointments).
NOTE: This includes employees who return to duty following a break in
service during which they were receiving workers' compensation
under the Federal Employees' Compensation Act, even though the
period of separation is considered a leave of absence for retirement
purposes.
2. An election of FERS coverage may also be made by employees who:
• Convert from appointments excluded from FERS coverage (such as
temporary appointments not to exceed 1 year) to appointments that are
not excluded and who do not automatically have FERS coverage upon
conversion; or
• Become eligible for Social Security coverage; or
• Enter a senior official position with mandatory Social Security
coverage (see Handbook Chapter 101 for additional information).
B. Employees Who The following employees may not elect FERS coverage:
May Not Elect
FERS • An employee or reemployed annuitant whose appointment is excluded
from FERS coverage by law or regulation, such as a temporary (NTE 1
year) or an intermittent appointment other than career or career-
conditional;
• An employee who is ineligible for Social Security coverage (such as non
resident foreign national employees);
• An employee of the government of the District of Columbia;
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Chapter 11
Section 11A2.1-1 Elections of FERS (Cont.)
B. Employees Who • An employee who has missed the election period for electing FERS
May Not Elect coverage (1 year from appointment or conversion). (See Part 11A5,
FERS (Cont.) Belated Elections, for additional information); or
• A Member of Congress who previously elected by written notice not to
participate in FERS; he or she may not elect FERS during the same
continuous period of service.
C. Election Period An eligible employee may elect FERS coverage during the 6-month period
following the date he or she first becomes subject to an appointment
described in paragraph A above. (See Part 11A3 for election procedures.)
An employee may have more than one opportunity to elect FERS coverage.
Employees have a new opportunity to elect FERS coverage each time they
return to the Federal service after a break in service of more than 3 days
and fall under any of the categories in paragraph A.
Once an employee becomes subject to FERS by election, he or she resumes
FERS coverage in all future Federal employment, unless the future
appointment is excluded from FERS coverage by law or regulation.
D. Effective Date of An election of FERS coverage is effective the first day of the pay period
FERS Election beginning after the date the election and any required supporting documents
(such as the former spouse's consent) are received by the employing
agency.
A court order awarding benefits to a former spouse may delay the effective
date of the FERS election. (See Part 11A4, Court Orders Affecting An
Election of FERS Coverage, for additional information on court orders.)
A FERS election takes effect only if the individual is an employee on the
effective date of the election.
E. Withdrawing a An employee may withdraw a FERS election before it becomes effective.
FERS Election Once effective, an election of FERS coverage is irrevocable. (See Part
11A3, Election Procedures, for additional information on election
procedures.)
Elections of FERS Coverage FERS 5
Chapter 11
Part 11A3 Election Procedures
Section 11A3.1-1 Employing Office Responsibilities
A. Providing Election When making or converting an appointment, the employing agency must
Opportunity determine whether the employee is eligible to elect FERS. (See Part 11A2,
Employee Eligibility to Elect FERS, for who is eligible to elect FERS
coverage.) If the employee is eligible to elect FERS coverage, the agency
must provide the employee with a Standard Form 3109, Election of
Coverage (formerly OPM Form 1555), and a copy of the RI 90-3, FERS
Transfer Handbook. In addition, the agency should include a statement
regarding the FERS election opportunity in the remarks section of the
Standard Form 50, Notification of Personnel Action, documenting the
appointment. Model language for this statement follows:
Eligible to elect coverage under the Federal Employees Retirement
System (FERS) within 6 months of the effective date of this personnel
action. SF 3109 provided to employee.
B. Processing the It is the responsibility of the employing agency to ensure that:
Election of
Coverage SF 3109 1. Each employee eligible to elect FERS coverage is notified of his or her
election right, including all employees in a non-duty status.
2. Receipt of the SF 3109, Election of Coverage, by the employee is
documented in the employee's Official Personnel Folder (OPF).
Acceptable documentation includes:
• A statement of receipt signed by the employee (part 1 of the SF 3109)
or
• A document signed and dated by the agency employee who gave the
SF 3109 to the employee, that verifies the employee's receipt of the
SF 3109, and explains the reasons for the use of the document in lieu
of part 1 of the SF 3109 (for example, in a situation where the
employee refused to sign part 1 of the SF 3109); or
• A signed postal return receipt showing that the SF 3109 was received
at the employee's address.
3. When it receives the completed Part 2 (OPF copy) of the SF 3109, it
places the form as a permanent record on the right side of the employee's
OPF.
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6 Elections of FERS Coverage FERS
Chapter 11
Section 11A3.1-1 Employing Office Responsibilities (Cont.)
C. Showing the FERS If the employee elects FERS coverage, the employing agency must show the
Election on the change in retirement plan on the SF 50, according to instructions in The
SF 50 Guide to Processing Personnel Actions (formerly FPM Supplement 296-33).
If the employee will be eligible for an annuity with a CSRS component, the
employing agency may include a remark on the SF 50 indicating the sick
leave balance as of the effective date of the FERS election for future
retirement counseling purposes.
NOTE: Instructions on "freezing" or redesignating employees' Standard
Form 2806, Individual Retirement Record, are contained in
Chapter 81, Individual Retirement Records and Registers of
Separations and Transfers.
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Chapter 11
Section 11A3.1-1 Employing Office Responsibilities (Cont.)
D. Irrevocability of a
Agencies are not authorized to cancel an election of FERS coverage after
FERS Election
it has become effective, regardless of the reason for the cancellation
request.
While a FERS election is irrevocable, in certain circumstances OPM may
find an election of FERS coverage invalid. If an employee is found to have
been mentally incompetent at the time of the election, the election may be
invalidated. (In effect, an "election" by an incompetent person is deemed
not to be an election since the capacity to make a rational choice did not
exist.) Further, an election of FERS coverage may be invalidated if the
employee is found to have a court order acceptable for processing on file
with OPM at the time the election was made and he or she did not obtain
the former spouse's consent to the election of FERS coverage. (See Part
11A4, Court Orders Affecting An Election of FERS Coverage, for
additional information regarding court orders acceptable for processing.)
If the employee did not elect FERS, but was erroneously placed in FERS
coverage due to an agency error, the current employing agency can correct
the error. (See Part 11A6, Deemed Elections of FERS Coverage, for
further information on correcting FERS coverage errors.)
E. Advising The employing agency is responsible for counseling employees regarding
Employees of the effect of their election of FERS coverage on future retirement benefits.
Effect of FERS An employee considering electing FERS coverage should be aware of how
Elections the election will affect his or her retirement benefit, especially service
already performed that may become subject to FERS rules. For additional
information regarding how service performed prior to the election of FERS
coverage is credited, see Part 11A8, Effect of An Election of FERS
Coverage.
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8 Elections of FERS Coverage FERS
Chapter 11
Section 11A3.1-2 Employee Responsibilities
A. Forms(s) Needed The employee must submit an SF 3109, Election of Coverage, to the
to Elect FERS employing agency.
If there is a court order that would affect the election, the employee must
also submit one of the following:
1. SF 3110, Former Spouse's Consent to FERS Election (formerly OPM
Form 1556); or
2. SF 3111, Request for Waiver, Extension or Search (formerly OPM
Form 1560).
NOTE: If the employee has a former spouse, it is important that he or she
complete Section 5 of the SF 3109 accurately. If the employee
answers "No" and it is later discovered that a court order was on
file with OPM on the date of election of FERS coverage and the
former spouse does not consent to the election, the election of
FERS coverage will be voided. (See Part 11A4, Court Orders
Affecting An Election of FERS Coverage, for additional
information on court orders that affect a FERS election.)
B. Time Limits The employee must submit the SF 3109 within 6 months from the date he
or she is first eligible to elect FERS coverage. (See Part 11A2, Employee
Eligibility to Elect FERS, for additional information.)
Requests for a waiver of the former spouse's consent requirement, an
extension of time to elect FERS coverage in order to obtain a modification
of a court order, or a search to determine if a court order acceptable for
processing is on file with OPM must be made before the end of the 6-month
period during which the employee would otherwise be eligible to elect
FERS coverage. The employee must follow the instructions given in Part
11A4, Court Orders Affecting An Election of FERS Coverage.
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Chapter 11
Part 11A4 Court Orders Affecting an Election of FERS Coverage
Section 11A4.1-1 Court Orders Affecting an Election of FERS Coverage
A. General A court order is any judgement or property settlement issued by or
Requirement approved by the court of any State, district or territory in connection with
the divorce, annulment of marriage or legal separation of a Federal
employee or retiree. For the purposes of an election of FERS coverage, the
court order is acceptable for processing if it meets the requirements given in
subparts C and H of part 838 of title 5, Code of Federal Regulations. For
additional information concerning court orders that are acceptable for
processing, see Chapter 5, Court Orders.
If an employee has a court order acceptable for processing that awards a
portion of his or her retirement annuity or survivor benefits based on the
employee's service, the employee must have the consent of the former
spouse, if divorced, or current spouse, if legally separated, in order to elect
FERS coverage.
B. When a Former A former spouse's consent to a FERS election is not required if:
Spouse's Consent
is Not Required • There is no court order acceptable for processing on file at OPM that
gives a portion of the employee's annuity or a survivor annuity to the
former spouse; or
• The employee's former spouse remarried before reaching age 55,
regardless of the terms of the court order and whether or not the former
spouse is still married.
C. Requirements if a If a court order acceptable for processing is on file with OPM, and the
Court Order former spouse is entitled to benefits, one of the following forms must be
Awarding Benefits submitted along with the SF 3109:
is on File with
OPM • Written consent to election of FERS coverage from the former spouse on
the SF 3110, Former Spouse's Consent to FERS Election, (formerly
OPM Form 1556); or
• Request for extension or waiver of the consent requirement on
the SF 3111, Request for Waiver, Extension or Search, (formerly OPM
Form 1560) and the documentation to support the request as described in
paragraphs D and E of this section.
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Chapter 11
Section 11A4.1-1 Court Orders Affecting an Election of FERS Coverage (Cont.)
D. Extension of the An employee may request an extension of the election period from OPM on
Election Period to an SF 3111, Request for Waiver, Extension or Search. The employee must
Obtain demonstrate to OPM's satisfaction that the extension is needed to obtain
Modification of modification of a court order on file at OPM.
the Court Order
To request an extension, the employee should submit the SF 3111 along
with the SF 3109 directly to the agency. Agency personnel should follow
the processing instructions given on the reverse of the SF 3111. The
application for extension is deemed to be filed with OPM on the date it is
received in the employing office. The employing agency must promptly
forward the request to OPM.
An extension granted by OPM expires 6 months after the date it was
granted. A maximum of two extensions may be granted by OPM upon
application by the employee.
To request a second extension, the employee must file an SF 3111 with the
employing agency before the end of the first extension and have initiated
legal proceedings to obtain a modification of the court order. When
requesting an additional extension, the employee must demonstrate to OPM
that he or she has exercised due diligence in seeking to obtain the
modification of the court order.
E. Waiver of the An employee may request OPM to waive the requirement of the former
Former Spouse's spouse's consent by providing documentation that the former spouse's
Consent whereabouts are unknown, or that, due to exceptional circumstances,
Requirement requiring the employee to obtain the former spouse's consent would be
inappropriate. A request to waive the consent requirement must be
submitted to the employing agency on an SF 3111 and must be
accompanied by the following:
• SF 3109, Election of Coverage; and
• A judicial determination that the former spouse's whereabouts cannot be
determined. In lieu of a judicial determination, the employee may
submit three affidavits, one by the employee and two by other persons,
at least one of whom is not related to the employee, attesting to the
inability to locate the former spouse and stating the efforts made to
locate the former spouse. The affidavits must be accompanied by
documents, such as newspaper reports, that substantiate the former
spouse's disappearance; or
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Section 11A4.1-1 Court Orders Affecting an Election of FERS Coverage (Cont.)
E. Waiver of the • A judicial determination regarding the former spouse that would warrant
Former Spouse's waiver of the consent requirement based on exceptional circumstances.
Consent The judicial determination must show that (1) the case before the court
Requirement involves a Federal employee who is in the process of electing FERS
(Cont.) coverage, and (2) the former spouse has been given notice and an
opportunity to be heard regarding the order, and (3) the court has
considered sections 301 and 302 of the FERS Act (Public Law 99-335)
and 5 CFR 846.202 as they relate to waiver of the former spouse's
consent requirement to elect FERS coverage, and (4) the court finds that
exceptional circumstances exist justifying a waiver of the former
spouse's consent requirement.
The request for waiver is deemed to be filed with OPM on the date it is
received in the employing agency. The employing agency must promptly
forward the request to OPM.
F. Requesting a An employee may request that OPM determine whether a court order
Search for a Court acceptable for processing is on file awarding a former spouse a portion of
Order Acceptable his or her retirement annuity or survivor benefits based on the employee's
for Processing service by submitting an SF 3111 along with the SF 3109 to the employing
agency.
The request for search is deemed to be filed with OPM on the date it is
received in the employing agency. The employing agency must promptly
forward the request to OPM.
G. OPM's Decision Once an SF 3111 is forwarded to OPM for action, OPM will notify the
Regarding the employing agency of its decision regarding the request.
Request for
Waiver, 1. If the employee requested a search for a court order acceptable for
Extension, or processing and OPM does not have a copy of a court order acceptable for
Search processing on file, its notification to the agency completes the
employee's election of FERS coverage. The election becomes effective
the beginning of the first pay period after the employing office receives
OPM's notification.
2. If the employee requested an extension of the time to elect FERS
coverage in order to obtain a modification of a court order acceptable for
processing, OPM notifies both the employee and the employing agency
of its determination regarding a request for extension.
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Chapter 11
Section 11A4.1-1 Court Orders Affecting an Election of FERS Coverage (Cont.)
G. OPM's Decision 3. If the employee requested a waiver of the requirement of the former
Regarding the spouse's consent, OPM notifies both the individual and the employing
Request for office of its decision. If the waiver is granted, OPM's notice to the
Waiver, employing office completes the individual's election of FERS coverage.
Extension, or The election becomes effective the beginning of the first pay period after
Search (Cont.) the employing office receives OPM's notice that the waiver is granted.
Elections of FERS Coverage FERS 13
Chapter 11
Part 11A5 Belated Elections
Section 11A5.1-1 Eligibility Requirements
A. Agency Authority Employing agencies may accept a belated election of FERS coverage up to
6 months after an employee's election opportunity ends if:
• The agency did not provide an SF 3109 in a timely manner; or
• The agency did not provide a copy of the RI 90-3, FERS Transfer
Handbook, to the employee in a timely manner; or
• The employee was otherwise unable to make an election within the
prescribed time limit due to causes beyond his or her control.
B. OPM Authority OPM does not have the authority to allow a retroactive election of FERS
coverage, or a belated election of FERS coverage made after the 1-year
period following start of the employee's opportunity to elect FERS.
OPM formerly allowed employees to make retroactive elections of FERS
coverage if OPM determined that relief was necessary to assure that the
employee had an opportunity to make an informed election. In 1993, the
United States Court of Appeals for the Federal Circuit determined that
OPM did not have the authority to allow retroactive belated FERS elections
made after June 30, 1988, on the basis that the employing agency provided
incomplete information to the employee, or that the employee was
otherwise prevented from making an informed election by circumstances
beyond his or her control (Killip v. the Office of Personnel Management),
991 F.2d.1564 (Fed. Cir. 1993)). Although the court decision technically
applies only to elections that should have been made during the 1987 open
season, the court's analysis is equally applicable to cases of employees
rehired after the open season. OPM must deny any request to elect FERS
coverage made beyond the 6-month period following the employee's
statutory election period, regardless of whether the statutory election period
was the 1987 open season, or the employee's 6-month opportunity after
reinstatement or conversion of appointment.
For additional information on FERS elections for employees who were
erroneously placed in FERS, see Part 11A6, Deemed Elections of FERS
Coverage.
CSRS and FERS Handbook April 1998
14 Elections of FERS Coverage FERS
Chapter 11
Section 11A5.1-1 Eligibility Requirements (Cont.)
C. Effective Date of a The effective date of a belated election of FERS coverage accepted under
Belated Election the agency's authority is prospective (effective at the beginning of the first
pay period after receipt of the employee's election). Neither the agency nor
OPM is authorized to approve retroactive effective dates for FERS
elections.
D. Belated Elections Neither the agency nor OPM may allow belated elections (prospectively or
that Are Not retroactively) after the 6-month period provided for under paragraph A,
Permitted above.
Elections of FERS Coverage FERS 15
Chapter 11
Part 11A6 Deemed Elections of FERS Coverage
Section 11A6.1-1 Deemed Elections of FERS Coverage
A. Background The United States Court of Appeals for the Federal Circuit in Killip v.
OPM, 991 F. 2d 1564 (Fed. Cir. 1993) determined that OPM lacks the
authority to allow retroactive FERS elections made after June 30, 1988, by
employees who had an opportunity to make a timely election, regardless of
circumstances that may have prevented the employee from making an
informed election. The court invalidated OPM's regulations under which
OPM could allow retroactive FERS elections.
Although Killip addressed the case of an election that should have been
made during the 1987 open season, the court's analysis is equally applicable
to cases of employees rehired after the open season. The court decision
does not address the situation of employees who were denied the right of
election during the transfer periods provided by statute because they were
automatically placed under FERS in error. To prevent the agency error
from depriving such employees of their statutory right to have elected
FERS coverage, these employees are deemed under OPM's regulations
effective November 4, 1994, to have elected FERS coverage unless they
notify the employing agency that they do not want FERS coverage.
B. Eligibility Employees who were erroneously placed in FERS either on January 1,
1987, or upon a rehire or conversion effective after this date, who should
have been placed in CSRS, CSRS Offset, or only Social Security with a 6
month opportunity to elect FERS coverage, are deemed to have elected
FERS coverage under OPM's regulations. The effective date of the deemed
FERS election is the later of the employee's entry-on-duty date or the
beginning of the first pay period commencing after June 30, 1987.
Employees who decline FERS coverage will not have another opportunity
to elect FERS coverage unless they become reemployed in a position
subject to FERS after a break in service of more than 3 days.
Agencies should advise employees that deemed elections are only permitted
for employees who were eligible to elect FERS. The election period is
either the July 1, 1987, through December 31, 1987, open season, or the
rehired/converted employee's 6-month opportunity to elect FERS coverage.
Therefore, if an employee has a former spouse who is entitled to a portion
of his or her retirement annuity, or to survivor benefits, based on a court
order dated before the end of the employee's election period, the employee
must have the consent of the former spouse in order to be deemed to have
CSRS and FERS Handbook April 1998
16 Elections of FERS Coverage FERS
Chapter 11
Section 11A6.1-1 Deemed Elections of FERS Coverage (Cont.)
B. Eligibility (Cont.) elected FERS coverage. See Part 11A4, Court Orders Affecting An
Election of FERS Coverage, for additional information regarding court
orders acceptable for processing.
Agency personnel may discover a rehired or converted employee who was
automatically placed in FERS and less than a year of the incorrect coverage
has elapsed. In this situation, agency personnel should review the
employee's service history. If it is to an employee's advantage to remain
covered by FERS effective the entrance on duty or conversion date, then the
employee should be deemed to have elected FERS coverage. In some
situations, it may be to the employee's advantage to be restored to the
correct retirement coverage and elect FERS prospectively. In these cases,
the coverage error should be corrected and the employee should be
permitted to elect FERS prospectively under existing regulations. In either
situation, the effective date of the FERS election can only be either the
employee's entrance on duty or conversion date, or a prospective date under
5 CFR 846.204(a). Neither the agency nor OPM has the authority to
approve an alternative effective date for a FERS election under 5 CFR
846.204(b)(2).
Employees who were erroneously placed in any retirement coverage other
than FERS are not eligible for deemed FERS elections. Deemed FERS
elections are limited to employees who did not have a FERS election
opportunity because they were erroneously placed in FERS.
The deemed FERS elections do not give employees who were placed in the
correct retirement system a further opportunity to elect FERS. Under
Killip, employees who were placed in the correct retirement system are not
affected by the deemed elections even if they were not informed of the right
to elect FERS or were given inadequate information.
C. Notice A current employee, separated employee, or retiree who was erroneously
Requirement placed under FERS coverage when the individual should have been placed
under CSRS, CSRS Offset, or only Social Security, with the right to elect
FERS coverage, will remain covered by FERS unless he or she declines
FERS coverage. The employing agency must provide written notice to each
individual (regardless of whether currently employed, separated, or retired)
who is deemed to have elected FERS. The notice must provide the
individual a 60-day opportunity period, beginning when the individual
receives the notice, to decline FERS coverage and be retroactively restored
to the correct retirement coverage.
Section 11A6.1-1 Deemed Elections of FERS Coverage (Cont.)
C. Notice In situations where an employee transfers to another agency and the
Requirement coverage error is discovered, the new agency is responsible for notifying
(Cont.) the employee of the 60-day opportunity to decline FERS coverage.
Elections of FERS Coverage FERS 17
Chapter 11
If the employee has already separated and the coverage error is discovered
by OPM, OPM will notify the last employing agency of the error.
Agencies should strive to immediately notify these separated employees of
their opportunity to decline FERS coverage and promptly correct the
personnel and payroll records so that OPM may timely act upon the
separated employee's application for benefits.
D. Documentation
The employing agency must document the individual's records to reflect his
Requirement
or her decision regarding retirement coverage. Because of the adverse
consequences in correcting retirement records, agencies should develop
procedures to fully document their counseling and notification efforts as
well as employee elections. Agencies may document deemed elections on
the SF 3109, or through other means, such as a form letter.
In the event an employee or former employee does not respond to the
agency's notification of the 60-day opportunity to decline FERS coverage,
the employee is deemed to have elected FERS coverage effective the earliest
date he or she could have elected FERS coverage. Since it is likely that
agency personnel will encounter a situation where the employee, or former
employee, fails to respond to the 60-day notice, it is imperative that
employing agencies develop a procedure for documenting the notice to the
employee and the employee's failure to respond to the 60-day notice.
E. Death of If the individual dies during the 60-day opportunity to decline FERS
Employee During coverage, any person who would be entitled to receive a current or former
the 60-Day Period spouse survivor annuity benefit had the error in coverage not occurred has
the right to decline FERS coverage on the deceased's behalf. If no survivor
annuity is payable, then the individual(s) entitled to receive the lump-sum
credit had the error in coverage not occurred, may decline FERS coverage.
F. Time Limits The time limit for declining FERS coverage is 60 days, beginning the date
the employee, former employee, retiree, or survivor receives the notice of
the right to decline.
CSRS and FERS Handbook April 1998
18 Elections of FERS Coverage FERS
Chapter 11
Section 11A6.1-1 Deemed Elections of FERS Coverage (Cont.)
G. Waiver of Time Section 846.204 of Title 5, Code of Federal Regulations, grants agencies
Limits broad authority to extend the 60-day time limit. Agencies may extend the
60-day time limit if the individual or survivor exercised due diligence in
declining the deemed coverage, but was prevented by circumstances beyond
his or her control from declining in a timely manner. An agency's refusal
to extend the time limit is subject to reconsideration by OPM and further
appeal to the Merit Systems Protection Board.
Agencies can avoid problems concerning the time limit by providing
adequate counseling, documentation, and follow-up procedures to assure
that affected employees make informed choices during the 60-day period.
Agencies are strongly encouraged to follow up on all cases involving
deemed elections and to obtain and document written elections whenever
possible.
H. Effective Date of In order to minimize the correction of records, the effective date of the
Deemed FERS deemed FERS election under OPM's regulations is the later of:
Election
• the employee's entry-on-duty date; or
• the beginning of the first pay period commencing after June 30, 1987.
The need to correct the employee's personnel and payroll records will differ
depending on when the employee was first eligible to elect FERS coverage.
1. Employees Erroneously Placed in FERS Before July 1, 1987
Employees who were erroneously placed in FERS between January 1,
1987, through June 30, 1987, were first eligible to elect FERS
coverage during the 1987 open season. In this situation, the effective
date of the deemed FERS election would be the beginning of the first
pay period commencing after June 30, 1987.
2. Employees Erroneously Placed in FERS After June 30, 1987
Employees who were rehired or converted and erroneously placed in
FERS after the 1987 open season (after June 30, 1987) were first
eligible to elect FERS coverage on the effective date of the
reappointment or conversion action. For these employees, the effective
date of the deemed FERS election would be their entry-on-duty date.
Elections of FERS Coverage FERS 19
Chapter 11
Section 11A6.1-1 Deemed Elections of FERS Coverage (Cont.)
I. Correction of
Records correction for employees who do not decline deemed FERS
Records
coverage, as well as those employees who do decline FERS coverage, must
comply with procedures given in The Guide to Processing Personnel
Actions (formerly FPM Supplement 296-33), and are discussed below.
NOTE: In situations where an employee is deemed to have elected FERS
coverage, the first eligibility date for Thrift Savings Plan (TSP)
participation will also change. Agencies should be aware of TSP
eligibility rules and refer to Part 1605 of title 5, Code of Federal
Regulations, for additional information on correcting TSP errors.
1. Employees Erroneously Placed in FERS Before July 1, 1987
Since an election of FERS coverage cannot be effective earlier than the
beginning of the first pay period after June 30, 1987, the personnel and
payroll (including the TSP account) records prior to the correct
effective date of the FERS election will need to be amended to show
the proper retirement coverage. In addition, the agency should cite
5 CFR 846.204(b)(2)(i) as the authority for the election of FERS
coverage.
Example: An employee was automatically placed in FERS on
01/01/87. She should have remained in CSRS Offset. In 1995, her
agency discovers the error and notifies the employee by certified mail
that she is deemed to have elected FERS, unless she declines within 60
days. The employee completes an SF 3109, Election of Coverage,
electing FERS coverage. Since the earliest date she could have elected
FERS was the 1987 open season, her personnel and payroll records
must be corrected retroactively from 01/01/87 to the beginning of the
first pay period after 06/30/87 to show CSRS Offset coverage. Her
corrected SF 50 showing the change to FERS coverage will be
effective July 5, 1987.
2. Employees Erroneously Placed in FERS after June 30, 1987
If the employee was erroneously placed in FERS after June 30, 1987,
as in the case of a rehire or conversion, the only correction action
required will be an SF 50, Notification of Personnel Action, showing
that FERS coverage, as of the entry-on-duty date was by election. The
SF 50 should cite 5 CFR 846.204(b)(2)(i) as the authority for the
action.
CSRS and FERS Handbook April 1998
20 Elections of FERS Coverage FERS
Chapter 11
Section 11A6.1-1 Deemed Elections of FERS Coverage (Cont.)
I. Correction of Elections of FERS coverage are normally effective the beginning of the
Records (Cont.) first pay period after the employing agency receives the election.
Under OPM's regulations, in order to minimize the need for
corrections where the correction has an inconsequential effect, agencies
are not required to correct the personnel and payroll records to reflect
an initial pay period of non-FERS coverage for deemed FERS elections
effective after June 30, 1987.
Example: An employee was reinstated on 01/15/89. His agency
erroneously placed him in FERS, not realizing he had over 5 years of
prior CSRS-covered service. The error is discovered in 1994.
Because the agency error denied the employee his 6-month election
period to elect FERS, he is now deemed to have elected FERS
coverage. The agency gives the employee written notice of his 60-day
opportunity to decline FERS coverage and instructs him to complete
the SF 3109, Election of Coverage, if he chooses to remain in FERS.
Unless he declines FERS coverage, the agency will correct the
employee's personnel records to show that FERS coverage was by
election as of 01/15/89. His payroll records do not need to be
changed.
3. Employees Who Decline FERS Coverage
If, after receiving notice, the employee declines FERS coverage, the
agency must retroactively correct the personnel and payroll records to
reflect the correct retirement code, Thrift Savings Plan, and as
appropriate, Social Security records.
Example: An employee was erroneously placed under FERS on
01/01/87. She should have been covered under CSRS Offset. Her
employing agency discovers the error in 1996 when the employee
requests a retirement estimate. The agency notifies the employee of
the error and of her 60-day opportunity to decline FERS coverage.
After discussing her options with the agency retirement counselor, the
employee determines it would be in her best interest to decline FERS
coverage and completes an SF 3109, Election of Coverage, declining
FERS. The agency must retroactively correct her personnel and
payroll (including TSP) records to show that the employee was covered
under CSRS Offset since 01/01/87.
Elections of FERS Coverage FERS 21
Chapter 11
Part 11A7 Due Process Procedures
Section 11A7.1-1 Due Process Procedures
A. General Employing offices make written initial determinations concerning employee
eligibility to elect FERS coverage and on other issues relating to a FERS
election. All adverse decisions are subject to reconsideration by OPM.
B. Types of Decisions The following agency decisions are subject to reconsideration by OPM:
• Eligibility to elect FERS coverage;
• Whether a belated election should be allowed;
• Effective date of FERS elections
• Whether a FERS election should be cancelled; and
• Denial of waiver of the 60-day time limit for declining deemed FERS
coverage.
C. Agency Decision- An agency decision concerning an individual's opportunity to elect FERS
Requirements coverage or the effective date of an election of FERS coverage is subject to
reconsideration by OPM. The agency decision must be in writing and
include reasons for the decision and the right to request reconsideration.
D. Request for An employee may request that OPM reconsider an employing office's
Reconsideration denial of issues relating to the election of FERS (for example, the effective
date of a FERS election, or cancellation of a FERS election that has become
effective).
A request for reconsideration of an agency decision must be filed within the
time limit given in paragraph E below. A request for reconsideration must
be made in writing and must include the following information about the
employee:
• Employee's name;
• Employee's address;
• Employee's date of birth and social security number;
• Name and mailing address of individual at agency who should receive
the response;
CSRS and FERS Handbook April 1998
22 Elections of FERS Coverage FERS
Chapter 11
Section 11A7.1-1 Due Process Procedures (Cont.)
D. Request for • The reason for the request;
Reconsideration
(Cont.) • Copies of any election form completed by the employee (including the
OPF copy of any election form that the employee completed when he or
she first became eligible for FERS coverage; or, if no completed form is
in the file, Part 1 of the form providing verification of receipt);
• A copy of the agency's initial decision denying the request;
• Copies of all SF 50's, Notifications of Personnel Action, documenting
beginning and ending dates of appointments, and changes in appointment
type;
• Copies of any documents presented by the employee to support the
request; and
• The name and commercial or WITS (not DSN or Autovon) telephone
number of the person at the employing agency OPM can contact if more
information is needed.
The employing office must forward the request to:
Office of Personnel Management
Agency Services Division, FERS Reconsideration Request
Post Office Box 57
Washington, DC 20044
E. Time Limit A request for reconsideration of an agency decision must be filed within 30
calendar days from the date of the agency's decision stating the right to
reconsideration. OPM may extend the time limit when an individual
documents that he or she was:
• Not notified of the time limit and not otherwise aware of the time limit;
or
• Prevented by circumstances beyond his or her control from making the
request within the time limit.
F. OPM's After reconsideration, OPM issues a final decision in writing. The decision
Reconsideration is provided directly to the employee, with a copy to the employing agency.
Decision
Elections of FERS Coverage FERS 23
Chapter 11
Section 11A7.1-1 Due Process Procedures (Cont.)
G. Appeals to MSPB If an individual's rights or interests are adversely affected by a decision
made by OPM under this section, he or she may request that the Merit
Systems Protection Board (MSPB) review the decision.
CSRS and FERS Handbook April 1998
24 Elections of FERS Coverage FERS
Chapter 11
Part 11A8 Effect of an Election of FERS Coverage
Section 11A8.1-1 Result of Making a FERS Election
A. Cancellation of Any CSRS designation of beneficiary on file is cancelled on the effective
Designation of date of an election of FERS coverage. The employee must complete a new
Beneficiary Upon designation of beneficiary under FERS on a Standard Form 3102,
Election of FERS Designation of Beneficiary, Federal Employees Retirement System, if he or
she wants any lump sum credit to be paid to someone other than the
individual entitled under the order of precedence. The new FERS
designation of beneficiary will apply to an employee's contributions under
both CSRS and FERS.
The cancellation of a CSRS designation of beneficiary applies as well to
employees who are deemed to have elected FERS coverage. See Part
11A6, Deemed Elections of FERS Coverage, for additional information on
deemed elections of FERS coverage.
B. Return of Excess Upon election of FERS coverage, certain employees are entitled to a return
Retirement of any CSRS deductions that exceed the appropriate FERS deductions
Contributions required for a period of pre-transfer service that will be credited under
FERS rules. See Chapter 33, Return of Excess Contributions, for complete
information on eligibility and amount of a return of excess contributions.
C. Commencing or An employee has 30 days from the effective date of an election of FERS to:
Changing Thrift
Savings Plan • Elect to contribute to the Thrift Savings Plan (TSP) if the employee was
Contributions not contributing before election of FERS coverage; or
• Change the contribution amount to the TSP if the employee was already
participating in the plan.
Since an employee who is automatically covered by FERS can elect to
contribute to the TSP no earlier than the second open season following the
effective date of FERS eligibility, employees who are deemed to have
elected FERS coverage will require an adjustment in TSP contributions as
their earliest date to elect to contribute to TSP will change to the later of
their entrance-on-duty date or the beginning of the first pay period after
June 30, 1987. For additional information on correcting TSP errors, see
Part 1605 of title 5, Code of Federal Regulations.
Elections of FERS Coverage FERS 25
Chapter 11
Section 11A8.1-1 Result of Making a FERS Election (Cont.)
D. Application for For employees who have separated from the Federal service for at least 30
Refund days and desire a refund of their contributions to the retirement fund, an
SF 3106, Application for Refund of Retirement Deductions, is deemed to
be an application for refund of both FERS and CSRS contributions. If the
former employee transferred to FERS with a CSRS annuity component, the
former employee may request a refund of CSRS contributions only. The
former employee must attach a statement to the FERS refund application
specifying this request. See Chapter 32, Refunds, for complete information
on withdrawing contributions to the Civil Service Retirement and Disability
Fund.
CSRS and FERS Handbook April 1998
26 Elections of FERS Coverage FERS
Chapter 11
Part 11A8 Effect of an Election of FERS Coverage
Section 11A8.1-2 Credit for Service Upon Election of FERS
A. General Rules An employee who elects FERS coverage becomes subject to all provisions
of law related to FERS. In general, all of the employee's prior service that
was creditable under CSRS provisions is creditable toward length of service
requirements for title to an annuity under FERS. Credit for prior service in
computing a basic annuity under FERS depends on the type and amount of
service before the election to transfer. For additional information regarding
creditable service, refer to Chapter 20, Creditable Civilian Service,
Subchapter A, for CSRS service credit rules, and Subchapter B, for FERS
service credit rules.
Some employees who transfer to FERS will have paid more in employee
deductions than is required under FERS. For additional information, see
Chapter 33, Return of Excess Contributions.
B. Service Subject to For computation purposes, civilian service performed before FERS
Both CSRS and coverage begins that was subject to both CSRS deductions and Social
Social Security Security deductions is creditable under FERS--as long as the employee does
not receive a refund of deductions pertaining to that service. The employee
may make a deposit into the retirement fund if deductions were made and
refunded before FERS coverage began.
NOTE: This provision applies only to service performed after
December 31, 1983, that was subject to both CSRS and Social
Security deductions (That is, CSRS Interim or Offset service).
The amount of this deposit is 1.3 percent of basic pay plus interest. (See
Chapter 21, Service Credit Payments for Civilian Service, for additional
information.)
Elections of FERS Coverage FERS 27
Chapter 11
Section 11A8.1-2 Credit for Service Upon Election of FERS
C. Service Subject to Crediting civilian service that was performed before the effective date of the
CSRS or Social election and that was subject to either CSRS or Social Security, but not
Security Only both, depends on the length of such service. If the total amount of these
two types of service performed before the effective date of the election of
FERS totals:
• Less than 5 years, the service is creditable under FERS for computation
purposes;
• 5 or more years, the service is credited under CSRS provisions for
computation purposes (that is, the employee is entitled to a CSRS
component in his or her FERS annuity).
D. Military Service If the employee is entitled to a FERS annuity with no CSRS annuity
component, all military service performed before the effective date of the
FERS election is creditable under FERS rules.
If the employee is entitled to a CSRS annuity component in his or her
FERS annuity, all military service performed prior to the effective date of
the FERS election is creditable under CSRS rules.
E. Unused Sick Leave Generally, unused sick leave is not creditable for annuity computation
purposes under FERS. However, employees who elect FERS coverage and
will have a CSRS annuity component may receive credit for unused sick
leave in the computation of the retirement benefit. The amount credited
will be the lesser of:
• the unused sick leave balance as of the effective date of the FERS
election; or
• the unused sick leave balance as of the date of retirement.
For additional information concerning crediting unused sick leave, see
Chapter 20.
CSRS and FERS Handbook April 1998
28 Elections of FERS Coverage FERS
Chapter 11
Part 11A9 FERS Open Season
Section 11A9.1-1 History of the FERS Open Season
A. Introduction During the FERS Open Season, July 1, 1987, to December 31, 1987, most
employees covered under CSRS were eligible to transfer to FERS.
Agencies provided employees with the RI 90-3, FERS Transfer Handbook,
to assist them in making their decision. OPM Form 1555, FERS Election
of Coverage (now the SF 3109, Election of Coverage), was used to
document receipt of FERS election information and election of FERS
coverage.
On December 22, 1987, Congress passed Public Law 100-203. This
legislation allowed a belated open season until June 30, 1988, for
employees who were prevented from switching to FERS on a timely basis
for reasons beyond their control.
B. Employees The following employees were eligible to elect FERS during the Open
Eligible to Season:
Transfer to FERS
1. Employees who were covered under CSRS on June 30, 1987;
2. Certain officials who were subject to Social Security coverage on January
1, 1984, and who elected not to be covered under CSRS, if they
continued to hold the same type of position through December 31, 1986.
See Chapter 101, Special Retirement Provisions for Senior Officials, for
more information;
3. Employees who were excluded from CSRS coverage by regulation (for
example, term appointments), but were not excluded from FERS
coverage and were not automatically covered by FERS on January 1,
1987, because they had at least 5 years of creditable civilian service as of
December 31, 1986 (5-year test). (See Chapter 10 for additional
information regarding the 5-year test.)
NOTE 1: Reemployed annuitants were eligible to elect FERS coverage as
long as the nature of their appointment did not exclude them
from coverage by law or regulation.
NOTE 2: Employees who met the criteria in 1, 2, or 3 above and were in
a non-duty status (whether or not in a pay status) from June
through December 1987, were entitled to elect FERS coverage.
Some examples of non-duty status are:
• Employees on extended sick leave;
• Employees in receipt of workers' compensation;
Elections of FERS Coverage FERS 29
Chapter 11
Section 11A9.1-1 History of the FERS Open Season (Cont.)
B. Employees • Employees on military furlough;
Eligible to
Transfer to FERS • Employees assigned to State or local governments (only
(Cont.) those who chose to continue retirement coverage while on
assignment were eligible to make this election while on
assignment); or
• Employees detailed to international organizations (an
individual who transferred to an international organization
was not eligible to transfer to FERS until he or she was
reemployed in Federal service).
CSRS and FERS Handbook April 1998