5 CFR 839.1203 - Can OPM compensate me for my losses if I did not take any legal action against my employer, but did incur some expenses because of a qualifying retirement coverage error?

Regulations last checked for updates: Nov 22, 2024

Title 5 - Administrative Personnel last revised: Oct 24, 2024

View all text of Subpart L [§ 839.1201 - § 839.1206]

§ 839.1203 - Can OPM compensate me for my losses if I did not take any legal action against my employer, but did incur some expenses because of a qualifying retirement coverage error?

(a) The FERCCA allows OPM, in its sole discretion, to compensate you for a monetary loss that is a direct and proximate result of your retirement coverage error.

(b) Monetary losses include payments of additional Social Security taxes, payment of additional retirement deductions, and other out-of-pocket expenses that you incurred because of a retirement coverage error.

(d) OPM cannot pay you for:

(1) Claimed losses related to forgone contributions and earnings under the TSP, other than lost earnings on make-up contributions to the TSP as provided in subpart J of this part; and

(2) Claimed losses related to any other investment opportunities.

authority: Title II, Pub. L. 106-265, 114 Stat. 770

source: 66 FR 15609, Mar. 19, 2001, unless otherwise noted.

cite as: 5 CFR 839.1203