BAL Making Eligibility Determinations Under The 

Federal Erroneous Retirement Coverage Correction 

Act (FERCCA) 

Attachment 2 

FERCCA Eligibility Sample Letters 

This attachment contains 5 sample letters for notifying employees of their eligibility for 

FERCCA relief and 1 sample letter for OOP expenses. These letters are samples and are 

not intended to be used in every case. Each letter must be customized to the 

circumstances in the case you have made the determination on. 

Each letter sent should either list the employee’s service history or enclose a completed 

copy of the FERCCA Service History Worksheet and tell the employee to alert you if 

he/she detects any errors (in case some service is missing). Each letter should also give 

the employee the name and contact information (telephone number, e-mail address, etc.) 

for an agency contact person for questions. 

TABLE OF CONTENTS 

Sample Letter 1 – Ineligible for FERCCA – no error or non-deemed FERS 

less than 3 year error........................................................................ Page 2 

Sample Letter 2 – Eligible for FERCCA – election opportunity provided........... Page 3 

 Sample Letter 3 – Eligible for FERCCA - no election opportunity provided........Page 5 

 

Sample Letter 4 – Partially Eligible for FERCCA – deemed FERS more than 

3 years already given valid deemed FERS election......................................Page 6 

Sample Letter 5 – Eligible for Out-of-Pocket OOP Expenses..........................Page 7 

1
 Sample Letter 1 - Ineligible for FERCCA 

No error or non-deemed FERS less than 3 year error 

 

NAME 

ADDRESS 

Dear 

A review of your retirement records indicates that you are not entitled to corrective action 

under the Federal Erroneous Retirement Coverage Corrections Act (FERCCA) due to an 

error in retirement plan coverage. We have carefully reviewed all of your official 

personnel records. This review disclosed that you do not have a retirement coverage 

error that lasted for 3 years of service after December 31, 1986. 

[Briefly describe the situation – for example: You were appointed to a position covered 

by CSRS Interim (full social security and partial CSRS) from (date). On January 1, 1987 

you were automatically converted to FERS because you did not have at least 5 years of 

civilian service as of December 31, 1986. Your retirement coverage is correct.]. 

We have enclosed a copy of the FERCCA Service History Worksheet, which outlines 

your career with the Federal government. Please review this summary of your service 

and contact us immediately if we’ve missed anything. Any change to your service 

record, no matter how minor, could affect the options you have regarding your retirement 

coverage. 

This represents our final decision. If you disagree with our decision, you may file an 

appeal with the Merit Systems Protection Board (MSPB). Please note that you must file 

your appeal with the MSPB within 30 calendar days after the date of receipt of this letter. 

[You must provide the employee with the address of the MSPB office in his or her region, 

and provide a copy of the Merit Systems Protection Board (MSPB) appeal form. Appeal 

forms can be accessed online at: http://www.mspb.gov/foia/forms-pubs/applform.html or

www.mspb.gov.] 

[Insert name of contact person in your agency] will be able to answer any questions you 

have about your retirement benefits. [He/She] can be reached on [insert telephone 

number, email, etc....]. Please don’t hesitate to contact us to ask any questions you have. 

Sincerely, 

Enclosures: 

FERCCA Service History Worksheet 

MSPB Appeal Package 

2
Sample Letter 2 – Eligible for FERCCA 

Election Opportunity Provided 

NAME 

ADDRESS 

Dear 

A review of your retirement records indicates that you are entitled to corrective action 

under the Federal Erroneous Retirement Coverage Corrections Act (FERCCA) due to an 

error in retirement plan coverage. 

[Briefly describe the error – for example: You were appointed to a position covered by 

CSRS Interim (full social security and partial CSRS) on (date). You were previously 

covered under CSRS, but you had a break in service of more than 365 days before you 

were reinstated on (date). On January 1, 1987 you should have been automatically 

converted to CSRS Offset because you had at least 5 years of civilian service as of 

December 31, 1986. However, a review of your personnel records indicates that on 

(date) you were incorrectly placed under FERS.] 

We have enclosed a copy of the FERCCA Service History Worksheet, which outlines 

your career with the Federal government. Please review this summary of your service 

and contact us immediately if we’ve missed anything. Any change to your service 

record, no matter how minor, could affect the options you have regarding your retirement 

coverage. 

Because the error lasted over 3 years of service after December 31, 1986, you are entitled 

to relief under FERCCA. [You can choose whether to stay under your current retirement 

plan or change to the plan you should have been placed under. – or – You were in CSRS 

in error and cannot remain in CSRS. You may elect either CSRS Offset or FERS.] You 

also may be entitled to reimbursement of any eligible out-of-pocket (OOP) expenses you 

may have incurred as a result of this error. We have enclosed information for filing an 

OOP claim. 

We will provide you with a FERCCA election package that will include a comparison of 

your retirement benefits under both plans as well as a comparison of Social Security and 

Thrift Savings Plan benefits. Preparing this package may take some time and we ask you 

to please be patient. We will contact you as soon as the package is prepared. 

[Insert name of contact person at your agency] will be able to answer any questions you 

have about your retirement benefits. [He/She] can be reached on [insert telephone 

number, email, etc....]. Please don’t hesitate to contact us to ask any questions you have. 

Sincerely, 

3
Enclosures: 

FERCCA Service History Worksheet 

Out-of-Pocket Expense Letter and Guidelines 

4
Sample Letter 3 – Eligible for FERCCA 

No Election Opportunity Provided

 

NAME 

ADDRESS 

Dear 

A review of your retirement records indicates that you are entitled to corrective action 

under the Federal Erroneous Retirement Coverage Corrections Act (FERCCA) due to an 

error in retirement plan coverage. 

[Briefly explain the error – for example: You were appointed to a position covered by 

CSRS retirement coverage on (date). Because you were previously covered under CSRS, 

but had a break in service of more than 365 days before you were reinstated on (date), 

and had more than 5 years of creditable civilian service as of December 31, 1986, you 

should have been placed in CSRS Offset (full social security and partial CSRS) coverage. 

However, a review of your personnel records indicates that on (date) you were 

incorrectly placed under CSRS.] 

We have enclosed a copy of the FERCCA Service History Worksheet, which outlines 

your career with the Federal government. Please review this summary of your service 

and contact us immediately if we’ve missed anything. Any change to your service 

record, no matter how minor, could affect the options you have regarding your retirement 

coverage. 

Because the error existed over 3 years, you are entitled to benefits under FERCCA. 

[However, because the law required you to be covered under social security, you do not 

have a choice of whether to stay under your current retirement plan or change to the plan 

you should have been placed under.] Your error must be corrected. Therefore, we are 

correcting your retirement records. 

This represents our final decision. If you disagree with our decision, you may file an 

appeal with the Merit Systems Protection Board (MSPB). Please note that you must file 

your appeal with the MSPB within 30 calendar days after the date of receipt of this letter. 

[You must provide the employee with the address of the MSPB office in his or her region, 

and provide a copy of the Merit Systems Protection Board (MSPB) appeal form. Appeal 

forms can be accessed online at: http://www.mspb.gov/foia/forms-pubs/applform.html or

www.mspb.gov.] 

Although you do not have a choice of retirement coverage, you may be entitled to 

reimbursement of any eligible out-of-pocket (OOP) expenses you may have incurred as a 

result of this error. We have enclosed information for filing an OOP claim. 

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[Insert name of contact person in your agency] will be able to answer any questions you 

have about your retirement benefits. [He/She] can be reached on [insert telephone 

number, email, etc....]. Please don’t hesitate to contact us to ask any questions you have. 

Sincerely, 

Enclosures: 

FERCCA Service History Worksheet 

Out-of-Pocket Expense Letter and Guidelines 

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Sample Letter 4 – Partially Eligible FERCCA 

Deemed FERS more than 3 years already given valid deemed FERS election 

 

NAME 

ADDRESS 

Dear 

A review of your retirement records indicates that you had a retirement error but are not 

entitled to elect new coverage under the Federal Erroneous Retirement Coverage 

Corrections Act (FERCCA). However, you are entitled to partial relief under FERCCA. 

We have carefully reviewed all of your official personnel records. This review disclosed 

that although an error was made in your retirement plan that lasted for at least 3 years of 

service after December 31, 1986, you were already given an opportunity to elect to keep 

your erroneous coverage. 

[Briefly describe the error – for example: You were appointed to a position covered by 

CSRS Interim (full social security and partial CSRS) from (date) to (date). On January 1, 

1987 you should have been automatically converted to CSRS Offset because you had 5 

years of civilian service as of December 31, 1986. However, a review of your personnel 

records indicates that on (date) you were incorrectly placed under FERS. You were 

given an election letter to remain in FERS or have your coverage corrected to CSRS 

Offset on (date). You elected (FERS or CSRS Offset) coverage on (date) – or – You did 

not make an election so your coverage remained in FERS .] 

We have enclosed a copy of the FERCCA Service History Worksheet, which outlines 

your career with the Federal government. Please review this summary of your service 

and contact us immediately if we’ve missed anything. Any change to your service 

record, no matter how minor, could affect the options you have regarding your retirement 

coverage. 

FERRCA does not provide another election opportunity to employees who already 

received an election opportunity. Although you are not entitled to an election, you are 

entitled to reimbursement of any out-of-pocket (OOP) expenses you incurred as a result 

of your coverage error. Under separate cover, we are sending you information for filing 

an OOP claim. 

This represents our final decision. If you disagree with our decision, you may file an 

appeal with the Merit Systems Protection Board (MSPB). Please note that you must file 

your appeal with the MSPB within 30 calendar days after the date of receipt of this letter. 

[You must provide the employee with the address of the MSPB office in his or her region, 

and provide a copy of the Merit Systems Protection Board (MSPB) appeal form. Appeal 

forms can be accessed online at: http://www.mspb.gov/foia/forms-pubs/applform.html or

www.mspb.gov.] 

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[Insert name of contact person in your agency] will be able to answer any questions you 

have about your retirement benefits. [He/She] can be reached on [insert telephone 

number, email, etc....]. Please don’t hesitate to contact us to ask any questions you have. 

Sincerely, 

Enclosures: 

FERCCA Service History Worksheet 

Out-of-Pocket Expense Letter and Guidelines 

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Sample Letter 5 – Out-of-Pocket (OOP) Expenses 

NAME 

ADDRESS 

Dear 

You appear to be eligible for reimbursement of qualified Out-of-Pocket (OOP) expenses 

you may have incurred as a result of your retirement coverage error. The Office of 

Personnel Management (OPM) makes eligibility determinations for reimbursement of 

OOP expenses. The FERCCA Out-of-Pocket Guidelines are attached and contain model 

letters for your use in requesting a waiver and/or reimbursement of OOP expenses. 

Please read the guidelines carefully. You may use the model letters included or another 

format, but all the information outlined in the guidelines must be included. You should 

only file a claim for out-of-pocket expenses if you incurred an expense that was the direct 

result of your coverage error. 

You bear the burden of proof. In order to be reimbursed for expenses, there must be clear 

and adequate documentation to show that the expenses claimed actually occurred, are 

reasonable, and that they were directly caused by the retirement coverage error. 

Proof that the expense in question has been paid must accompany any claim for 

reimbursement of expenses. For example, for an expense that was paid directly out of 

your personal funds, the proof can be in the form of cancelled checks, receipts, credit 

card statements, and any other document that shows you paid the bill(s). If the amount in 

question was paid through a payroll deduction, payroll statements showing the amount 

that was deducted would be appropriate. Please refer to the section ‘Proving your case’ 

in the enclosed guidelines for information on the types of documentation to be included 

to support your claim. 

The enclosed information about claiming Out-of-Pocket expenses is being sent to you so 

you may begin collecting documentation for submitting a claim. If you are eligible to 

make an election under FERCCA, you may submit a claim before your election or may 

wait until after you complete the FERCCA counseling and election process. Again, 

please only file a claim for out-of-pocket expenses if you incurred an expense that was 

the direct result of your coverage error. 

Your claim for OOP expenses should be sent to: 

US Office of Personnel Management 

OOP Claims, Room 4H28 

1900 E Street, NW 

Washington DC 20415 

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OPM’s decision will be final and will no be subject to appeal, or any other kind of 

administrative or judicial review. 

Sincerely, 

 

 

Enclosure: 

FERCCA Out-of-Pocket Guidelines 

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